Businessman sues attorneys just in case lawsuit is unsuccessful
The owner of a consulting company is suing members of an Orleans Parish law firm for damages he may suffer if a previously-filed lawsuit is unsuccessful.
The Allday Consulting Group filed the petition for damages against Diane Reid Cosenza, Caleb H. Didriksen, Amanda Wingfield and the Didriksen Law Firm on Aug. 27 in Orleans Parish District Court.
According to the complaint, Cosenza, Didriksen and Wingfield work for the Didriksen Law Firm and were hired by Danny Allday to represent the Allday Consulting Group in a civil suit filed against a condominium owner and two insurance companies.
Allday says he recently learned that he would not be able to recover damages in the 2007 case because it was filed on behalf of him, as an individual, rather than on behalf of his consulting company, of which he is the sole member.
Allday says he spoke with Didriksen who advised him there was "an available remedy to the issue" and suggested they amend Allday's original complaint, adding his company as a plaintiff. Allday claims Didriksen warned, however, that the court could refuse the amendment.
Defendants in the original case have not yet responded to the amended complaint which was filed Aug. 18. As a precaution, however, Allday filed the negligence claim against the defendants, should the case filed by the Didriksen Law Firm be unsuccessful.
Allday says Consenza, Didriksen and Wingfield were allegedly negligent for failing to file a timely claim that included Allday Consulting Group as a plaintiff. Allday says the attorneys will be to blame for a decrease in his company's value and reputation.
Allday is seeking compensation for all damages, court costs and interest. Robert H. Matthews and Pauline M. Warriner are representing him.
Orleans Parish District Court Case No. 10-8945