EDWARDSVILLE --One of the law firms embroiled in a legal malpractice case brought by a former mesothelioma client is asking that a Madison County judge reconsider a previous order so another attorney could be brought back into the case after more than five years.
Defendant the Hopkins Goldenberg law firm -- now known as Goldenberg, Heller, Antognoli, Rowland & Short -– filed the motion asking Madison County Circuit Judge Barbara Crowder to bring attorney John Simmons and his law firm back into the suit.
A copy of the motion asking Crowder to reconsider vacating the judgment is not yet available.
Crowder will hear arguments on it at 9 a.m. June 4.
Simmons was granted summary judgment in the case brought by former client Judy Buckles in 2006.
Buckles alleges that her attorneys including members of the Goldenberg firm, Simmons and attorney William Millar failed to gain the best settlement for her husband's mesothelioma claims and then negligently let those claims lapse.
The case is set for trial June 21, with its final pre-trial scheduled June 16 at 1:30 p.m.
Crowder previously allowed Simmons to stay out of the case in March, after the various parties in the suit made arguments the month before about Simmons role in the case.
The arguments about Simmons at the Feb. 8 hearing came close to bickering with Crowder expressing frustration at what she termed "game-playing."
Buckles then moved to vacate Simmons' summary judgment.
Crowder declined to do so March 11.
Buckles originally filed the suit in 2001. She refilled it in 2006.
Buckles is represented by Roy Dripps of St. Louis.
The Goldenberg firm is represented by John Papa of Granite City and Daniel Konicek of Geneva.
Simmons is represented by A.J. Bronsky of St. Louis.
Defendant William Miller is representing himself.
Madison County Circuit Court case number 06-L-588