Legal Question in Civil Litigation in Virginia
My commercial jewelry store suffered damages resulting from a fire in the commercial gun shop/target range located next to me. I gave all info to an attorney that held the file for 2 1/2 years and did nothing thus preventing me from filing a product liabilty suit due to the statute of limitations. I have since then filed a suit against the attorney due to errors and omissions/malpractice in the amount of $47k. My question is can I go ahead and file a lawsuit against the business owners of the gun shop in the amount of $47k while the other case is pending? My statue of limitations to file this 2nd suit is 5 years and the fire took place in 2007. There are 2 other cases pending regarding this fire; the business owner of the gun shop is suing the landlord os the stripmall and the landlord is suing the owner of the gun shop, but I am not a party to either of these cases.
1 Answer from Attorneys
There is nothing to prevent you from suing anyone you want at any time
you want, and your pending malpractice case against the lawyer would appear to have little bearing on the merits of any claim(s) that you may have against these business owners.
However, whether it would be advisable for you to do so and whether your
claim(s) have any legal merit, are entirely different questions which are not determinable from the facts presented here in your inquiry (in my opinion).