Motion to compel seeks answers to interrogatories in legal malpractice case

Ann Knef Sep. 1, 2011, 5:30am



A Collinsville attorney facing a legal malpractice suit is asking Madison County Circuit Judge Dennis Ruth to compel the plaintiff to answer interrogatories and requests for production.

John Walter Leskera claims that approximately four months have elapsed since plaintiff Gary Lutman was served with the documents, however he has failed to respond.

Lutman sued earlier this year alleging that Lutman's negligence and malpractice led to the dismissal of a suit Lutman filed against the Village of Maryville, its police chief and other police officers over his arrest during an on-going dispute with his ex-wife over the couple's business.

Madison County Chief Judge Ann Callis dismissed that case over a statute of limitations issue.

Leskera's attorney, Al Prainatis, wrote in the Aug. 11 motion to compel that Lutman's attorney, Roy Dripps, responded July 11 to an e-mail "stating that he would look into the matter" involving the responses.

Leskera denies that he bungled two of Lutman's legal matters.

The other basis of Lutman's suit stems from the appeal of another matter related to the business dispute with his ex-wife.

Leskera won the dismissal of Lutman's suit earlier this year from Madison County Circuit Judge Andreas Matoesian, but Matoesian allowed the Lutman to amend his complaint.

Lutman filed the amended version of the suit in June.

Leskera filed his answer and affirmative defenses in July.

Leskera's affirmative defenses note the role of attorney William Berry in the legal matters at the heart of the suit.

Leskera argues that Berry advised Lutman to drop the appeal of an order barring him from his business and that on that advice, Lutman eventually decided not to pursue the appeal.

In his interrogatory, Leskera asks Lutman, among other things, to "describe with particularity all injuries and damages...he suffered as a result of the dismissal of the appeal."

The case is Madison case number 11-L-031.

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