EDWARDSVILLE – Two East Alton lawyers have responded after a Louisiana man they represented accused them of malpractice in his worker's compensation case against his former employer.
Defendants Giambattista Patti and David Galanti filed their affirmative defenses with the Madison County Circuit Court on May 29 in response to plaintiff Edward Holmes’ complaint.
Holmes alleged the Galanti Law Office attorneys didn’t properly represent him when he filed a complaint against his employer, CTS, with the Illinois Workers’ Compensation Commission, the Record previously reported.
Holmes stated the defendants did not call witnesses he provided them during arbitration after they told him the witnesses wouldn’t be necessary.
In their reply to the suit, the defendants denied any fault concerning Holmes’ complaint being denied, alleging there is no proof of a connection between their actions and the loss of Holmes' case.
The defendants also pointed out numerous reasons their actions were not related to the plaintiff’s complaint against CTS being barred and/or denied.
They stated the plaintiff’s claim against CTS was blocked because he did not provide CTS with enough notice and the arbitrator determined Holmes was not credible because the injuries he claimed he suffered didn’t happen while he was at work.
The defendants added the plaintiff’s damages need to be “reduced to the extent plaintiff has failed to mitigate such damages,” and stated the plaintiff’s recoverable damages “are limited to those which he could have recovered had his worker’s compensation claim been successful.”