Plaintiff files motion to amend; no settlement details yet in legal malpractice case

By Amelia Flood | Dec 22, 2009

While the plaintiff in what would have been a two-week legal malpractice trial earlier this month filed a motion to amend, no details of his suit's settlement have been entered yet in the record.

Madison County Circuit Judge David Hylla gave plaintiff Dr. Rocco Marrese and the Belleville law firm, Gundlach, Lee, Eggmann, Boyle & Roessler 14 days to file their settlement stipulations with the court Dec. 7.

Hylla had scheduled two weeks for a trial over the law firm's alleged legal malpractice.

Marrese, an orthopedic surgeon and attorney, filed suit against the firm, alleging their mistakes in defending him from a medical malpractice suit cost him $800,000.

Marrese's latest motion amends his claims to change his name to Rocco Marrese M.D. owner of Bone & Joint Surgeons of Indiana.

Marrese sued the Belleville firm after he lost a medical malpractice suit by patient Mike Adams over three operations the doctor performed.

The jury awarded Adams $1.8 million. The verdict was upheld by the appellate court.

Marrese's insurance only covered $1 million of the verdict's cost.

Marrese filed his motion to amend Dec.10.

Hearings in the suit are scheduled Jan. 22 at 9:30 a.m.

A case management conference was previously set in the case for Jan. 27 at 9:30 a.m.

Marrese is represented by Glenn Bradford.

The Gundlach firm is represented by Brent Baldwin.

The case was originally assigned to former Madison County Circuit Judge Don Weber.

The case is Madison case number 04-L-082.

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