Wood River woman claims legal malpractice in suit

By Kelly Holleran | Jul 30, 2010

A Wood River woman blames a law firm for causing her to lose thousands of dollars when a judge dismissed her personal injury lawsuit.

Kendyl M. Schmidt filed suit July 15 in Madison County Circuit Court against S. Martin Jansky, Martin Jansky Law Firm and Rossiter and Jansky.

Schmidt claims she hired the law firm to represent her after she sustained injuries in a collision with David P. Pryor on Feb. 12, 2007.

The defendants filed a lawsuit against Pryor Feb. 6, 2009, in Madison County Circuit Court, and filed an amended complaint including Pryor's employer as a defendant on Feb. 11, 2009, according to Schmidt's most recent complaint. However, the lawyers never issued a summons to Pryor's employer, the suit states.

On Nov. 6, 2009, Jansky withdrew as Schmidt's representative, but allegedly failed to comply with Illinois Supreme Court requirements in his withdrawal, the complaint says. For example, he failed to provide Schmidt with the date and time of the hearing on his motion to withdraw and failed to give her notice of the fact that she had 21 days to appoint a new counsel, she claims.

As a result, a Madison County Circuit Court judge granted Pryor's and his employer's motions to dismiss the complaint, and Schmidt received no money.

In her three-count complaint, Schmidt seeks a judgment of more than $150,000, plus costs and other relief the court deems just.

Robert H. Gregory of the Law Office of Robert H. Gregory in East Alton will be representing her.

Madison County Circuit Court case number: 10-L-743.

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