Madison County Circuit Judge Dennis Ruth scheduled a jury trial for next November in a legal malpractice suit alleging an East Alton law firm failed to file a lawsuit following a workplace injury.

The jury trial has been scheduled for Nov. 13, 2018. It was previously set for July 17, 2018.

Ron Lott filed the lawsuit on May 18 against Law Offices of David M. Galanti in East Alton and attorney Leslie Collins.

According to the complaint, Lott was an employee of Industry 1 at the U.S. Steel plant in Granite City. He claims he was working in a hole cleaning sludge on May 13, 2014, when an employee of Veolia dropped a 70 lb. piece of steel into the hole. After falling 15 or more feet, the steel allegedly struck Lott in the back of the neck.

Lott hired the defendants to represent him in any actions arising from the incident, including a claim under the Illinois Workers Compensation Act or a potential negligence lawsuit. The third party action Lott could file against Veolia was subject to a two-year statute of limitations, which expired May 13, 2016.

Lott alleges no third party action was ever filed. He claims had it been filed, he would have prevailed

Lott also alleges the defendants failed to inform him that they were not going to represent him in any third party action, depriving him of the chance to find other counsel.

The defendants previously answered the complaint on June 25 through attorneys Richard Korn and Jordan Lewis of Fox Galvin LLC in St. Louis.

They argue that those responsible for the plaintiff’s alleged injuries were employed by the same employer at the time of the incident.

They also argue that the plaintiff is contributorily at fault and failed to take reasonable steps to mitigate his damages.

Lott filed a reply on July 11 through attorneys Christopher Cueto and Michael Gras of the Law Office of Christopher Cueto Ltd. in Belleville, denying each and every allegation.

Lott seeks a judgment of more than $75,000.

Madison County Circuit Court case number 17-L-676

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