Plaintiff seeking to enforce legal malpractice settlement with Goldenberg firm, attorneys

Amelia Flood Jan. 21, 2011, 10:20am


A woman who sued the former Hopkins Goldenberg Law Firm, its current incarnation, and a number of Goldenberg attorneys is asking to enforce a $25,000 settlement reached in 2009.

Plaintiff Frances Choat, the special administrator of the estate of Marlin Choat, filed the motion to enforce the settlement Dec. 6, 2010.

Madison County Circuit Judge Andreas Matoesian is set to hear arguments on the matter Feb. 4 at 9 a.m.

Frances Choat alleges that the Hopkins Goldenberg firm – now known and named in the suit as Goldenberg Heller Antognoli Rowland and Short - and attorneys John Hopkins, Elizabeth Heller, David Antognoli, William Miller and Mark Goldenberg, were negligent in handling her husband's asbestos claims.

Marlin Choat, his widow alleges, died as a result of his exposure to abesstos in the 1960s.

Frances Choat claims that the defendants failed to properly pursue her husband's claims and allowed statutes of limitations to lapse.

The settlement was reached in July 2009.

There had been no updates in the case file since then until the Dec. 6 motion to enforce.

William Schooley represents Frances Choat.

John Papa represents the defendants.

Madison County Circuit Judge William Mudge now presides.

Madison County Circuit Judge Barbara Crowder oversaw it before Mudge.

The case is Madison case number 05-L-718.

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