O'Kelly v. Dawson, 62 A.3d 414

Appellant Dawson represented Husband in his 2001 divorce proceeding.
May 2002 negotiations with Wife’s counsel produced a tentative alimony schedule and 55/45 property division.
May 3, 2002 letter proposed a non-modifiable alimony term, which Appellant told Husband was contrary to law; no final agreement was signed.
Parties signed a consent order reflecting the payments they had agreed upon; a divorce master later issued a June 13, 2004 recommendation modifying alimony terms.
Appellant and Husband argued the master’s recommendation deviated from the negotiated terms; exceptions were filed and the trial court adopted the master’s recommendation in March 2005; Husband did not appeal.
In 2007, Husband filed a professional negligence action alleging malpractice for failing to finalize the alimony agreement; a jury trial in 2010 awarded Husband $100,363.64; the trial court denied post-trial motions including JNOV.
The trial court held the statute of limitations tolled by equitable discovery to March 29, 2005; Appellant challenged tolling and weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attorney negligence can exist when essential terms were not finalized	Dawson argues the jury could credit that no final, complete agreement existed.	Dawson contends lack of finalized terms precludes malpractice liability.	No; court affirmed verdict finding issue supported by record.
Whether the statute of limitations was tolled by discovery and is a jury issue	Husband argues discovery rule extended filing date; tolling appropriate.	Dawson asserts discovery date and tolling should be decided as a matter of law or not at all.	The court upheld tolling/date as determined by the trial court; JNOV affirmed.

Hatwood v. Hosp. of the Univ. of Pennsylvania, 55 A.3d 1229 (Pa. Super. 2012) (weight-of-evidence review; deference to jury credibility)
Wilson v. Transp. Ins. Co., 889 A.2d 563 (Pa. Super. 2005) (standard for affirming denial of JNOV)
Buckley v. Exodus Transit & Storage Corp., 744 A.2d 298 (Pa. Super. 1999) (JNOV standard and appellate review)
Glenbrook Leasing Co. v. Beausang, 839 A.2d 437 (Pa. Super. 2003) (occurrence rule for statute of limitations in legal malpractice)
Robbins & Seventko Orthopedic Surgeons, Inc. v. Geisenberger, 674 A.2d 244 (Pa. Super. 1996) (triggering events for limitations period)
Fine v. Checcoci, 870 A.2d 850 (Pa. 2005) (discovery rule tolling; reasonable diligence standard)
Pocono International Raceway, Inc. v. Pocono Produce, Inc., 468 A.2d 468 (Pa. 1983) (discovery rule applicability and inquiry duty)
Fletcher-Harlee Corp. v. Szymanski, 936 A.2d 87 (Pa. Super. 2007) (JNOV standards and deference to jury)
Haggart v. Cho, 703 A.2d 522 (Pa. Super. 1997) (reasonableness of diligence in discovery rule)
A. McD. v. Rosen, 621 A.2d 128 (Pa. Super. 1993) (reasonable diligence framework for discovery rule)
Kohl v. Kohl, 564 A.2d 222 (Pa. Super. 1989) (advisory master’s report; reliance by client)