Lawyer moves to dismiss doctor's malpractice claim

Jason Granger Mar. 18, 2009, 2:36am

A Collinsville attorney is seeking to dismiss a legal malpractice case filed against him by a Swansea pediatrician.

Dr. Joseph P. Costello is suing his former attorney, Curtis L. Blood, for malpractice.

In a suit filed Jan. 28 in St. Clair County, Costello claims he was forced to sign a written agreement which was allegedly fraudulent and then charged for services not part of an original agreement.

Costello is representing himself, and Blood is represented by A.J. Bronsky of the law firm Brown and James in Belleville.

In a motion to dismiss and strike, Blood's attorney alleges that among other things, Costello failed to state a cause of action in count one of his suit, which is insufficient as a matter of law.

"Count [one] is nonsensical, rambling, full of conclusory and inflammatory statements, references statements without factual context and is so confusing that defendant cannot adequately decipher what plaintiff is claiming," the motion states.

Blood's attorney alleges that count two of Costello's suit duplicates count one and should be stricken.

The motion goes on to deny all 14 allegations made by Costello against Blood.

Costello is seeking more than $700,000 in damages from Blood.

Circuit Judge Michael O'Malley presides.

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