BENTON - Quinn Johnston law firm of Peoria, facing a malpractice suit, claims product liability lawyer Joseph Bleyer of Marion can explain actions of lawyers in a product liability case to a jury as well as a legal malpractice expert.
On Oct. 24 the firm’s counsel Laura Beasley of Belleville opposed a motion that Ansur America Insurance filed at U.S. district court to exclude Bleyer as an expert.
Ansur claimed his purported qualification was simply that he practiced law.
Beasley responded that Bleyer has almost 40 years of experience in insurance defense and product liability.
She claimed he’s a fellow of American College of Trial Lawyers and on the board of directors for Defense Research Institute.
She claimed he has tried more than 100 state and federal cases to verdict.
She claimed Ansur misinterpreted the standard for qualification of experts.
She claimed the standard is whether an expert can offer enough reliable testimony to assist the jury in understanding evidence and determining facts.
Ansur retained James Borland of Quinn Johnston in 2016 to defend policy holder Signature Hardware against a suit that Helen Miles filed in St. Clair County circuit court.
Her counsel Tom Keefe and Thomas Keefe III of Swansea claimed Miles purchased an adjustable height bamboo shower stool that broke and caused her to suffer injuries.
Chief Circuit Judge Andrew Gleeson entered summary judgment on liability and prepared for trial on actual and punitive damages.
Ansur advised Signature Hardware it reserved a right to deny coverage for punitive damages.
Ansur advised that punitive damages created a conflict of interest and Troy Bozarth of Hepler Broom in Edwardsville would act as independent counsel.
Ansur settled for more than $10 million and reinsurers covered some of the cost.
Ansur sued Quinn Johnston and Borland in district court in 2021 for the difference between the settlement and the actual value of the claim.
In August, District Judge Staci Yandle set trial to start March 10.
Ansur moved to exclude Bleyer on Sept. 23.
Ansur counsel Robert Sweeney of Chicago wrote, “His opinions are merely his own judgment of what he himself would have done under the circumstances.
”He has never handled a legal malpractice case and lists no legal ethics experience in his qualifications.”
He claimed Bleyer didn’t cite any authority to support his opinions and didn’t reference any of the mandatory standards set forth in Illinois rules of professional conduct.
He claimed Bleyer opined in his report that Quinn Johnston and Borland abided by a standard of care but was unable to explain what the standard was.
He claimed Bleyer opined that claims managers should have paid more attention, “primarily because attorney Tom Keefe was the opposing counsel.”
Beasley claimed in response that Ansur discounted the value of professional study and personal experience.
She claimed he had sufficient background, education and experience to offer an opinion.
She claimed he must consider the underlying case to determine whether defendants failed to do what a reasonably careful attorney would do or did what a reasonable attorney would not do.
She claimed he reviewed relevant pleadings, written and oral discovery, and other materials to provide sufficient basis for his opinion.
“Bleyer’s testimony is reliable and will assist the jury in understanding the evidence and facts relevant to defending a products liability case,” she wrote.
She claimed Ansur isn’t precluded from challenging Bleyer’s reliability by cross examination or presentation of contrary evidence.