Legal malpractice suit set for case management

Amelia Flood Mar. 10, 2010, 8:42am


A Wood River attorney named in a 2005 legal malpractice case set for trial Monday also is a defendant in a case set for trial April 5.

Richard Gibson is being sued by former client Phillip Hanson for allegedly botching his claim against Burlington Northern Santa Fe Railway Company in St. Louis.

According to Hanson's suit filed in 2008, he entered into a contract with Gibson to handle a 2004 St. Louis lawsuit. Hanson was suing BNSF for injuries he received on the job in 2003.

Hanson alleges that Gibson did not contest an involuntary dismissal motion filed in May 2007 and that the suit was then dismissed.

Gibson then did not refile the suit and is now barred from doing so by the statute of limitations.

Hanson claims that due to Gibson's alleged negligence, he lost the chance to recover damages for injuries he received, pain and suffering, lost wages and medical expenses in excess of $250,000.

The suit seeks damages in excess of $50,000 and costs.

Gibson was also sued in 2005 along with a number of other Madison County attorneys by a Jerseyville man who claimed that the defendants bungled his personal injury lawsuit in Mississippi.

That suit is set for trial Monday.

The Hanson case is set for case management later this month.

Madison County Circuit Judge Andy Matoesian is presiding.

He is also assigned to the 2005 suit against Gibson.

Hanson is represented by Ross Anderson.

Gibson is represented by John Cunningham.

The Hanson case is Madison case number 08-L-920.

The 2005 suit is Madison case number 05-L-660.

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