A Millstadt man has hired attorney Rex Carr of East St. Louis to sue the Belleville firm of Cook, Ysursa, Bartholomew, Brauer & Shevlin, after his attorneys allegedly missed a filing date, causing him to lose a lawsuit.
Brian Hubble contends the Cook firm filed a personal injury lawsuit on his behalf against Bi-State Development Agency, but not before the deadline set in Illinois law, causing the case to be dismissed. He claims the attorneys did not inform him of the dismissal until September 2010.
In the underlying complaint, Hubble claims he was hurt Sept. 13, 2005, when his car collided with a bus operated by Bi-State. He claims he hired the Cook firm later that month.
His lawsuit against Bi-State was filed March 1, 2007.
In that action, Bi-State's motion to dismiss Hubble's suit on claims that it was a "local public entity" under the Tort Immunity Act and therefore subject to a one-year statute of limitations, was denied at the trial level by St. Clair County Circuit Judge Lloyd Cueto.
Cueto's decision was upheld at the appellate court. But, the Illinois Supreme Court on Sept. 23, 2010, reversed the lower court decisions with instructions to remand the case and dismiss the plaintiff's complaint.
In his case filed March 31, Hubble accuses the Cook law firm of negligence and breach of contract and asks for more than $100,000 in damages plus court costs.
St. Clair County Circuit Court Case No. 11-L-170.