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He got more than $2 million, but a Medicine Hat man says his now-deceased Calgary lawyer could've got him more.
A lawsuit filed on behalf of Stephen Dalton claims his civil lawyer failed to name a tire store in a 1999 statement of claim.
As a result, Dalton received more than $1.3 million less than he should have for injuries suffered in a July 12, 1997, car crash, legal action filed by his new lawyer says.
His claim says Dalton was hurt when a tire failed on the vehicle he was driving, causing him to lose control and swerve into an oncoming propane truck.
Dalton retained Calgary lawyer Ted Nicholson shortly after the crash and a lawsuit was eventually filed against the vehicle's owner, Colin Buchberger.
Buchberger later filed a third-party claim against Tirecraft Auto Centers Ltd., making them potentially liable for any damages awarded against him. Buchberger had taken his vehicle to Tirecraft six weeks before the crash and replaced two of the four tires, but on the advice of shop employees rotated the back ones to the front, Dalton's lawsuit says.
Dalton is seeking damages of $1.34 million against Nicholson's estate.
A statement of defence disputing the unproven allegations in the claim has not yet been filed.
KEVIN.MARTIN@SUNMEDIA.CA