Kyle Barnett Jan. 18, 2013, 12:42pm

GRETNA – A St. Charles Parish man is suing a doctor and his practice for allegedly not returning a deposit for expert testimony he was supposed to give in a lawsuit on the man's behalf.

Daniel Poche filed suit against Southern Brain & Spine, LLC and Najeeb Thomas, M.D. in the 24th Judicial District Court. Poche claims that Najeeb as an employee of Southern Brain & Spine was to testify on his behalf in litigation involving injuries he received in a car accident.

The plaintiff claims his attorney gave the defendant a $7,500 advance deposit for the testimony, however, the day before the trial was to take place the matter was settled out of court and the defendant’s testimony was no longer needed. Poche asserts that despite Najeeb’s lack of testimony, he and Southern Brain & Spine have neglected to return the advance deposit.

The defendant is accused of conspiring to convert the advance deposit, withholding the plaintiff’s possessions, engaging in unprofessional conduct in violation of state law and engaging in overcharging for professional services.

Damages in the amount of $7,500 plus legal interests and costs is sought by the plaintiff.

Poche is represented by Richard B. Trahant of Metairie.

The case has been assigned to Division J Judge Stephen J. Windhorst.

Case no. 721-405.

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