HOUSTON – Kurt Arnold is a Texas Monthly Super Lawyer who failed to follow one of the most elementary rules of law – something even a first year law student would follow, according to a legal malpractice lawsuit brought against the attorney yesterday.
Seeking up to $1 million in damages, Titus Byrd filed suit against Arnold and his firm, Arnold & Itkin, along with attorney Kyle Herbert and his law firm.
According to the lawsuit, Byrd was a warehouse worker for HEB. On June 12, 2019, he injured his rotator cuff because the grocer failed to train him “how to lift and load packages.”
Two months later, on Aug. 10, 2019, Byrd hired Arnold & Itkin to represent him in a personal injury claim against HEB. Soon after, the Herbert Law Firm was brought in to help on the case.
Byrd claims the lawyers had his case for 23 months but “did virtually nothing,” negligently allowing the two-year statute of limitations to lapse.
On July 14, Herbert sent Byrd a letter stating that he and Arnold & Itkin were declining representation.
In the letter, Byrd claims Herbert misrepresented the statute of limitations in the case to “mislead” him and “cover up the fact” that they had allowed the statute of limitations to lapse.
“Kurt Arnold and Kyle Herbert failed to follow one of the most elementary rules of law that any reasonably prudent lawyer – including even a first-year law student – would follow: file the client’s claim within the statute of limitations or withdraw sufficiently in advance of that deadline to allow the client time to secure new representation,” the suit states.
Byrd is alleging gross negligence and suing the law firms for exemplary damages.
Houston attorney Lance Kassab represents him.
Filed in Harris County District Court. Case No. 2021-54924.