Client claims lawyer failed to file suit before statute expired

Kelly Holleran Feb. 10, 2009, 11:33am

An O'Fallon woman claims she lost money because her former lawyer failed to file a lawsuit before the statute of limitations had expired.

Carrie Conerly was involved in a personal injury incident on May 3, 2007, and sought legal advice from Patrick D. John of Evans, Loewenstein, Shimanovsky and Moscardini on June 11, 2007, according to the lawsuit filed Feb. 6 in St. Clair County Circuit Court.

However, John failed to file the suit before the statute of limitations expired, the suit states.

Because the suit was not filed, Conerly claims she lost her right to proceed against any negligent party for injuries she sustained and has lost her ability to recover from her injuries.

John was negligent by failing to file a claim in court on behalf of Conerly before the end of the statute of limitations and by failing to monitor the date of the statute of limitations, Conerly alleges.

Evans, Loewenstein, Shimanvosky and Moscardini were liable through the actions of their employee, according to the complaint.

In the two-count suit, Conerly is seeking a judgment in excess of $50,000, plus costs.

Van Lear P. Eckert of Williams Caponi, Foley and Eckert in Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-0068.

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