Woman sues ex-lawyer, claims legal malpractice

Former lawsuit morphs into new litigation against original counsel

Two years ago this month, a Franklin woman sued Murfreesboro–based NHC Healthcare for $1 million, claiming the nursing home operator's negligence contributed to the death of the woman’s mother while in NHC’s care.

That lawsuit was dismissed.

Now, the woman is suing the attorney who represented her in the failed negligence lawsuit, claiming legal malpractice for various alleged wrongs and seeking the same $1 million in damages.

On June 5, Peggy Lowder filed her complaint in Davidson County Circuit Court, accusing Nashville-based Rocky McElhaney Law Firm, PC, of legal malpractice.

In Lowder’s view, and according to the complaint, McElhaney “failed to meet the statute of limitations requirement, failed to keep the Plaintiff informed of the litigation’s status, failed to file documents required by the court at the time and otherwise failed to prosecute the Plaintiff’s case.”

Keith Woodruff, a Franklin-based lawyer, is representing Lowder. Woodruff could not be reached immediately for comment.

Officials at the McElhaney firm also could not be reached.