Madison - St. Clair Record

Tuesday, December 10, 2019

Legal malpractice case claims wrong defendant named in suit

By Kelly Holleran | Mar 21, 2013

Cook bruce

A man claims he lost out on the opportunity to collect damages from a rear-end collision after his former attorney named the wrong party as defendant in a lawsuit.

Gene Schmidt filed a lawsuit Feb. 14 in St. Clair County Circuit Court against Andrew G. Toennies and Lashly and Baer.

In his complaint, Schmidt alleges he was involved in a rear-end collision on Jan. 23, 2007. Following the accident, he hired Toennies of Lashly and Baer to represent him, according to the complaint.

However, Toennies allegedly named the wrong defendant when he filed the lawsuit, the current suit states. As a result, the statute of limitations expired, and Schmidt can no longer collect damages from the collision, the complaint says.

Schmidt claims he could have retrieved more than $75,000 in damages because of the torso, neck, back and brain injuries he received in the collision.

In his complaint, Schmidt seeks a judgment of more than $75,000, plus costs.

Bruce N. Cook of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing him.

St. Clair County Circuit Court case number: 13-L-85.

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