Legal malpractice alleged in dismissed FELA claim
An Alton attorney is being sued by a former client who claims his Federal Employers' Liability Act (FELA) suit against BNSF railroad was dismissed without permission.
Phillip Hanson filed suit against Richard Gibson in Madison County Circuit Court on Oct. 3 over legal action that originated in a St. Louis court in 2004. Hanson alleges that on May 3, 2007, Gibson did not contest a motion for involuntary dismissal for want of prosecution of his FELA claim.
The dismissal, Hanson alleges, occurred after the statute of limitations had run.
"Gibson did not take steps to re-file the case so that any new action filed against the BNSF Railway was therefore time-barred," the complaint states.
Hanson also claims Gibson failed to obtain service upon BNSF in a timely fashion.
He claims he lost his cause of action for damages against the railroad. Hanson claims he incurred in excess of $250,000 in medical expenses for injuries to his upper extremities in his suit against BNSF.
Hanson is represented by Ross Anderson of the Rex Carr Law Firm in East St. Louis.
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