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A Pennsylvania judge has rejected a legal malpractice lawsuit against a Philadelphia law firm, saying the plaintiff's allegations were little more than "second thought and recriminations."

Philadelphia Court of Common Pleas Judge Frederica Massiah-Jackson earlier this month granted law firm Spear Greenfield and Richman's motion seeking to dismiss the case, Townsend v. Spear Greenfield and Richman, on summary judgment.

The plaintiff had sued saying the attorneys who helped him secure a $702,800 settlement mishandled the case, but, according to Massiah-Jackson, the plaintiff, Jibreel Townsend, failed to show that the lawyers fraudulently induced him to accept the settlement agreement.

"These claims do not afford relief to Mr. Townsend," Massiah-Jackson said. "These claims are expressions of frustration and dissatisfaction with the amount of the 2016 settlement."

According to Massiah-Jackson, the underlying motor vehicle case stemmed from a collision that occurred in 2011, when Townsend was standing behind his car after it ran out of gas along Aramingo Avenue in Philadelphia. A Jeep Cherokee, Massiah-Jackson said, struck him as he was reaching into the truck for a gasoline can, and crushed his lower extremities.

Dr. Harold Milstein owned the truck, Massiah-Jackson said, and his daughter, Karli Milstein, was seated in the passenger seat at the time of the crash. The driver, Massiah-Jackson said, was Samuel Kemp, who later testified that he fell asleep at the wheel after Karli Milstein had given him Xanax and Percocet.

Townsend retained Spear Greenfield, and sued Kemp and Dr. Milstein.

According to Massiah-Jackson, Dr. Milstein had a primary insurance carrier of $500,000 and a $2 million umbrella policy. The parties went to mediation in 2016, and the case was settled for $702,800, Massiah-Jackson said.

However, in February 2017, according to the court opinion, Townsend received an unsolicited letter from the Media, Pennsylvania-based law firm Forbes Bender Paolino & DiSanti, which said, among other things, "It is my belief that if all of the proper parties were named as defendants in this case, your injuries would have warranted Allstate to tender all of the policy coverages available." Attorney Guy Paolino signed the letter, Massiah-Jackson said.

In September 2017, Forbes Bender sued Spear Greenfield on behalf of Townsend, saying the firm's failure to sue Karli Milstein for negligent entrustment improperly limited Townsend's ability to recover in the case, and that he was fraudulently induced to settle.

Massiah-Jackson, however, said Townsend's deposition testimony warranted summary judgment for the defendants.

"A close reading of the complaints and records submitted reveal that the alleged malpractice lies in second thoughts and recriminations about the amount accepted in settlement of the underlying case," Massiah-Jackson said.

Gary Bender of Forbes Bender said he plans to file an appeal to the Superior Court. According to Bender, the crux of the suit was not that Townsend was dissatisfied with the settlement, but that Spear Greenfield never informed Townsend about the fact that Karli Milstein was not sued and that additional recovery could be available.

"Jibreel Townsend was never informed about the decisions. Never informed or consulted about it," Bender said. "That's where the fraudulent inducement comes into play."

But Massiah-Jackson wrote in her opinion that Townsend's evidence of fraudulent inducement did not make out a prima facie case that should advance to trial.

"The cold transcript of Mr. Townsend's deposition commands judgment in favor of all defendant-attorneys," she wrote. "Plaintiff-Townsend's testimony relaying the circumstances of the legal representation and settlement does not meet any threshold for 'clear, direct, weighty and convincing' proof."

Massiah-Jackson also said that the "undisputed record" is that the "genesis of this litigation originated with attorney Paolino and his law firm."

Regarding how the firm got involved in the case, Bender said a defense attorney involved in the underlying suit mentioned the case and its resolution and indicated to Forbes Bender that a legal malpractice suit could arise.

"That's when we contacted Mr. Townsend … and he told us about the facts of the case," Bender said.

Timothy Ventura of Marshall Dennehey Warner Coleman & Goggin, who represented Spear Greenfield, did not return a call seeking comment.

Read the opinion: