St. Clare, ILA Madison County judge will hear arguments to reconsider an earlier decision to deny a summary judgment for a local law firm in an ongoing legal malpractice lawsuit.
The suit stems from a case in which local attorney John Simmons, working under the Hopkins Goldenberg law firm, earned a summary judgment for Judy Buckles' malpractice lawsuit in 2005. Simmons eventually left Hopkins Goldenberg and go on to create his own private practice.
When Buckles launched a new suit against the law firm, alleging that they allowed claims from several defendants in her husband's mesothelioma lawsuit to lapse, the firm attempted to place the blame on the attorney responsible, Simmons.
The law firm attributes Buckles' financial loss to the actions of Simmons, and have filed a motion in the Madison County Circuit court to place the burden of guilt on his shoulders rather than their own.
Circuit Judge Barbara Crowder expressed her dismay at the constantly shifting blame in the case, and the confusing nature of the trial itself.
"You all stood silent on John Simmons motion for summary judgment," she said in a statement, as reported by the St. Clare Record. "There was absolutely no argument that John Simmons was negligent. I foresee a lot of confusion in the trial. It's my fervent hope this case gets resolved between you all."
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