Gary Lutman files new complaint in legal malpractice against Leskera
Bar owner Gary Lutman has filed a new complaint against his former attorney, John Walter Leskera, of Collinsville.
Lutman filed the new complaint June 3 after Madison County Circuit Judge Andreas Matoesian dismissed his original complaint last month.
Gary Lutman is suing Leskera on legal malpractice claims related to cases Leskera handled for the plaintiff as he tangled with his ex-wife, Sherry Lutman, over the couple's Maryville tavern.
Leskera had moved to dismiss Lutman's initial complaint arguing it did not state what actions the defendant undertook to commit legal malpractice.
Lutman's June 3 complaint includes two counts related to two related legal matters Leskera handled for the plaintiff between 2006 and 2009.
The first count relates to Gary Lutman's arrest by the Maryville Police Department.
The arrest was made in connection with a dispute between Gary and Sherry Lutman over
Sharky's tavern and a business dispute.
The trespassing charges against Gary Lutman were later dropped.
Lutman filed suit over the arrest alleging that the Village of Maryville, its mayor, police chief and police officers violated his civil rights.
Leskera filed the suit in 2009.
His former client contends that Leskera should have known that the statute of limitations
on the civil rights claims had already run out.
Madison County Chief Judge Ann Callis went on to dismiss that suit on the basis of the lapsed deadline.
Gary Lutman claims the case was a "good and valuable cause of action," in which he would have recovered damages.
The second count of the suit also relates to Gary Lutman's business dispute with his ex-wife and former business partner Richard Gibson.
According to the June 3 complaint, Leskera was to file an appeal for Gary Lutman in the Fifth District Appellate Court in relation to the business dispute.
That was to have occurred in 2008.
Gary Lutman alleges that Leskera failed to zealously represent him and protect his rights by failing to file an appellate brief.
The appeals court dismissed his case Jan. 17, 2008 due to that alleged failure.
Roy Dripps represents Gary Lutman.
Al Pranaitis represents Leskera.
The Leskera suit is Madison case number 11-L-031.