Matoesian dismisses bar owner's suit against ex-attorney; plaintiff gets leave to re-file
Madison County Circuit Judge Andreas Matoesian has dismissed a legal malpractice claim brought by bar owner Gary Lutman against his former attorney, John Leskera.
Matoesian granted Leskera's move to dismiss Lutman's 2011 suit May 6.
The judge's dismissal order also gives Lutman 30 days to re-plead his case.
Lutman filed suit against Leskera earlier this year seeking damages in excess of $50,000 per count and other relief.
Lutman alleged in his suit that Leskera botched various legal matters he handled for Lutman including an appeal related to his ouster from a bar he owned with his ex-wife, and a lawsuit he filed against the Village of Maryville and its police department.
Leskera countered in his dismissal move that Lutman had failed to state and support his claims.
The defendant contended that Lutman failed to illustrate how Leskera's actions would have led to the alleged unsuccessful legal actions at issue in the case.
Leskera also took issue with Lutman's assertions that he violated Illinois State Supreme Court rules.
Roy Dripps represented Lutman.
Al Pranaitis represented Leskera.
The case is Madison case number 11-L-031.