Baright

Introduction

Plaintiff appeals from a judgment of dismissal following an order sustaining without leave to amend a general demurrer to his second amended complaint. The sole question presented by this appeal is whether plaintiff’s legal malpractice action against respondent is barred by the statute of limitations (Code Civ. Proc., § 340.6). We conclude it is a question of fact and reverse the judgment of dismissal.

Statement of Facts

Plaintiff’s second amended complaint discloses the following express and reasonably inferred facts: Plaintiff, Rick Baright, retained respondent, Ken Willis, to represent him as his attorney in an action to recover all damages provided by law for the injuries he suffered in a September 28, 1976, accident. Respondent timely filed plaintiff’s workers’ compensation claim, but negligently failed to file a personal injury action against nonemployer tortfeasors responsible for plaintiff’s injuries. On September 28, 1977, the relevant one-year statute of limitations barred plaintiff’s third-party claims. Plaintiff had inquired of respondent whether any lawsuit other than a worker’s compensation action could be filed on his behalf and respondent…