A legal malpractice case filed against a Belleville law firm by an orthopedic surgeon/lawyer is set for case management Jan. 27.

Plaintiff Dr. Rocco Marrese alleges that the law firm of Gundlach, Lee, Eggmann, Boyle & Roessler mistakenly allowed him to be called as a witness against himself and made other errors in handling his malpractice defense in a trial he ultimately lost.

Marrese's case was set for a two week trial in December 2009. However, the parties announced the case had settled on what would have been the opening day of the trial, Dec. 7. Although the parties were given 14 days to enter settlement details, none have been filed.

Madison County Circuit Judge David Hylla is set to preside over the conference at 9:30 a.m.

The firm defended Marrese from a suit brought by a former patient, Mike Adams. Marrese lost the suit and a jury awarded Adams $1.8 million in damages.

That verdict was upheld on appeal.

Marrese's malpractice insurance only covered up to $1 million of the damages.

He is seeking the rest from the Gundlach firm.

Marrese is represented by Glenn Bradford.

The law firm is represented by Brent Baldwin.

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

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

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