Combined FELA and legal malpractice case settles, had been set for trial Monday

Amelia Flood Jul. 16, 2010, 5:26am

A suit combining claims of legal malpractice with ones related to the Federal Employers' Liability Act was dismissed last week.

A trial had been set to open Monday at 9 a.m.

Plaintiff James Moss and defendant Richard Gibson, a local attorney, settled their case at a March mediation session.

The case's dismissal was held up briefly due to issues with the settlement's undisclosed pay-out.

Moss sued Gibson and the Burlington Northern Santa Fe Railway Company two years ago.

In his suit, Moss claimed to have suffered repetitive stress injuries as a machinist for the railroad company.

In the second count of his suit against Gibson, he claimed that Gibson wrongly dismissed a case over the injuries that Gibson filed in St. Louis in July 2006. He further contended that Gibson then failed to re-file the case before the statute of limitations passed.

His suit sought damages in excess of $50,000 and costs.

BNSF was dismissed from the suit in December 2008.

Madison County Circuit Judge David Hylla originally had the case.

The parties asked for a substitution of judge and the case went to Madison County Circuit Judge Andreas Matoesian.

Matoesian signed the order of dismissal July 7.

A similar case is also pending against Gibson, brought by a man who claims Gibson and other local attorneys botched a personal injury case he filed in Mississippi.

In the Moss case, the plaintiff is represented by Gerard Schneller.

Gibson is represented by John Cunningham.

BNSF was represented by William Brasher.

The case is Madison case number 08-L-585.

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