Legal malpractice suit claims lawyer failed to sue ESL Police over taser incident

A St. Clair County man says he's entitled to damages from his former lawyer who allegedly failed to file a suit on his behalf.

Lamonte C. Dale filed suit March 13 in St. Clair County Circuit Court against William D. Stiehl and his law firm, Wimmer, Stiehl and McCarthy.

Dale alleges he hired Stiehl on Oct. 1, 2004, to represent him in a case against the East St. Louis Police Department.

Dale was filing suit against the department after he was "tasered" multiple times on Aug. 15, 2004, the suit states.

"There was no legal justification for these actions by the East St. Louis, Illinois Police Department," the suit states.

However, Stiehl did not file a claim on Dale's behalf.

If he had, Dale would have been able to recover punitive damages against the police department, the complaint says.

It was not until March 4 that Dale realized he could file a claim against Stiehl, he alleges.

In the two-count suit, he is seeking a judgment in excess of $100,000, plus costs.

Martin J. Mengarelli of Andrews and Mengarelli in Granite City will be representing him.

St. Clair County Circuit Court case number: 09-L-0135.