Three attorneys are facing a lawsuit over allegations they failed to properly represent a man who believed he had a strong case following an icy fall at a grocery store.
Plaintiff Lawrence Butler originally sued in Madison County in January 2014 after he allegedly slipped and fell on ice at Schnucks Market. The case was ultimately dismissed.
Butler is now suing three lawyers he claims represented him at various points during the progress of the personal injury suit.
Butler is suing Lanny Darr of Alton, Dedra Brook-Moore of St. Clair County, and Brian Sanger who has an office in St. Louis, alleging legal malpractice.
Sangar told the Record that he "would not comment on ongoing litigation." The other lawyers did not respond to requests for comment.
According to the complaint filed in Madison County Circuit, Butler claims he met with Brook-Moore in January 2015 regarding a fall on ice at a Schnucks Market on Jan. 21, 2014. Brook-Moore allegedly passed the information on "our new client" to Sanger and then to Darr. Darr then filed suit in Madison County on behalf of Butler on Dec. 1, 2015.
The personal injury suit alleged that the slip and fall occurred at an East St. Louis Schnucks Market. However, an amended complaint was filed in November 2016 stating that the fall actually took place at a Belleville location.
Madison County Circuit Judge William Mudge dismissed the amended complaint on May 15, 2017, finding that the change of the location led to a new cause of action that was not related to the first complaint. Mudge then denied a motion to vacate the order of dismissal on Aug. 31, 2017.
Darr appealed.
In an Oct. 29, 2018 Rule 23 decision, the appellate court affirmed dismissal, concluding that Butler's complaint was time barred.
Sanger informed Butler of the result after the appellate court denied a motion for rehearing on Nov. 20, 2018.
In his legal malpractice suit, Butler alleges the defendants failed to specify the correct location of his fall before filing the suit. He also alleges they failed to source the correct medical records and failed to include the correct location of the fall within the applicable statute of limitations.
Butler alleges he had a viable personal injury claim, and he believes it would have been successful had the attorneys correctly filed papers with the court.
"As a direct and proximate result of the defendants' violations of their duty to their client, Lawrence Butler's case of action was dismissed...and he received no compensation for the economic and non-economic injuries he has sustained, including medical; pain and suffering, and loss of enjoyment of life," the complaint states.
Butler is seeking damages against his former attorneys in excess of $50,000. He is represented by Patricia Zimmer of Ripplinger & Zimmer LLC in Belleville.