A long-running dispute between a lawyer-surgeon and the law firm that represented him in a medical malpractice suit he lost will open for trial Monday morning.Permitting without objection Adams to call him to the stand and to cross-examine him as an adverse witness when he had not been designated as such by Adams;
Madison County Circuit Judge David Hylla has scheduled two weeks for the trial.
Plaintiff Dr. Rocco Marrese is suing the law firm of Gundlach, Lee, Eggmann, Boyle & Roessler of Belleville for more than $800,000 in damages.
Marrese, a lawyer and an orthopedic surgeon, claims the Gundlach law firm made mistakes in its handling of a medical malpractice trial brought against him by patient Mike Adams.
A jury eventually awarded Adams $1.8 million.
Marrese's insurance only paid out $1 million, according to his complaint.
An appellate court affirmed the verdict.
In Marrese's suit, he claims the law firm was negligent by:
Failing to raise the statute of limitations as to portions of the alleged maltreatment which would have been barred;
Permitting Adams in his final argument to make statements without objection which were untrue and harmful which created prejudice;
Failing to employ and present a rehab expert in order to accurately describe Adams' injuries and conditions so as to refute those of Adams' expert; and
Failing to make investigation of matter related which could have provided material to impeach and discredit Adams' testimony.
According to the court schedule and discussions at a Nov. 24 pre-trial conference, the trial will take place over the span of two weeks.
The 2004 suit was originally assigned to then-Madison County Circuit Judge Don Weber.
The Monday trial is slated to begin at 9 a.m.
Marrese is represented by Glenn Bradford.
The law firm is represented by Brent Baldwin.
The case is Madison case number 04-L-082.