Matoesian dismisses legal malpractice lawsuit between former bar owner and lawyer

Christina Stueve Jul. 11, 2012, 8:00am



Madison County Circuit Judge Andreas Matoesian on July 5 dismissed a legal malpractice lawsuit between a former bar owner and his former lawyer.

Gary Lutman, former co-owner of Sharky's tavern in Maryville, sued John Walter "Jack" Leskera for allegedly botching a lawsuit Lutman filed against the village of Maryville, its mayor and police department in 2009.

Matoesian wrote in his order that the case was compromised, settled and released and is dismissed with each party to bear its own costs.

Lutman filed a stipulation for dismissal on June 28.

Before that, Leskera had filed a motion to bar the plaintiff from presenting testimony at trial.

A trial had been set to begin June 12.

Lutman accused Leskera of breaching his legal duties and failing to exercise the skill and care of a reasonably competent attorney in that he allegedly miscalculated the applicable statute of limitations and filed suit after a statute had expired.

In October of 2009, Madison County Chief Judge Ann Callis dismissed Lutman's case against Maryville and its officials as it had not been filed in a timely manner.

Lutman claimed the negligent acts of Leskera caused an appeal over an order barring him from entering Sharky's to be lost and cost him many thousands of dollars.

Lutman hired Leskera in August of 2007 to represent him in connection with an alleged false arrest by Maryville police officers.

Lutman claimed he had been arrested by Maryville police officers at the instigation of his ex-wife, Sherry Lutman, in May 2006. Lutman claimed she was attempting to pressure him in connection with ongoing disputes over their joint interest in Sharky's.

Al J. Pranaitis of Hoagland, Fitzgerald & Pranaitis represented the defense.

Roy Dripps of Armbruster, Dripps, Winterscheidt & Blotevogel represent the plaintiff.

Madison County case number 11-L-31.

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