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Monday, January 27, 2020

Pedestrian injured in crash alleges Williams Caponi failed to timely file suit


By John Breslin | Jul 31, 2019

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SPARTA - A pedestrian injured when a car hit her alleges the Williams Caponi & Associates law firm failed to file a complaint within the statute of limitations.

Jackie Salger filed suit in St. Clair County Circuit Court against the Belleville law firm over the claim that its attorneys, including principal Jim Williams, did not file an action within two years of the August 2015 collision. As a result, Salger claims she was left unable to recover for the injuries she suffered in the crash. 

In a brief statement to the Record, Williams said, "(We) do not comment on pending litigation."

In her complaint, Salger claims she was walking near Market Street in Sparta and had the right of way when she was struck by a vehicle. She alleges the driver was operating the vehicle at a high rate of speed and failed to yield to the plaintiff's right of way. Salger further states that the driver did not properly look out for pedestrians, did not decrease speed or take any other action to avoid the pedestrian, and did not sound a horn as a warning. 

As a result of the incident, the plaintiff suffered serious injuries that required medical treatments, prevented her from working, and caused pain and suffering. She claims she suffered "severe injuries, both external and internal," some of which are permanent.

She claims she has not been compensated from "any individual or entity."

The central accusation against the law firm is that it failed to file an action on or before Aug. 9. 2017.  Salger alleges Williams Caponi signed a contingency  agreement to represent her back in January, 2016, according to the complaint.

The suit states that representatives of the law firm knew, or should have known, that the statute of limitations for auto collision actions is two years.

"As a direct and proximate result...plaintiff has lost the ability to pursue her cause of action against the underlying defendant or other defendants," the suit states.

The plaintiff argues that she would have been successful in the action, and that Williams, Caponi had a "duty to exercise a reasonable degree of care, skill, and diligence" in handling the claim.

Salger alleges Williams Caponi breached its duty by failing to timely file the action, failing to keep a proper calendar, failing to properly investigate the collision, and failing to advise Salger that they were no longer going to represent her.

This actions resulted in "permanent and irrevocable" loss of the ability to take a suit against the driver or others, leaving her "with no obtain (sic) compensation following the action.

Salger is represented by Deutschman and Skafish of Chicago.

St. Clair County Circuit Court case number 19-L-475

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