Law firm sued for legal malpractice in personal injury case

By Kyle Barnett | Nov 8, 2013

GRETNA – A woman who claims her personal injury lawsuit was mishandled is suing a local attorney who represented her in the case.

Patricia Frank filed suit against Continental Casualty Co., Mark W. Smith PLC and Mark W. Smith in the 24th Judicial District Court on Oct. 11.

Frank claims she retained Smith to represent her in a personal injury lawsuit regarding injuries she claims to have received in a slip and fall at the Boomtown Casino in Harvey on Dec. 6, 2011.

The plaintiff asserts on the same day the incident occurred she retained Smith and he began working on her behalf. However, Frank alleges that Smith did not file suit in the case until Dec. 20, 2012, which was outside of the required period of filing such a lawsuit within one year of the date the incident allegedly occurred. Thus, the plaintiff alleges by law she was barred from filing suit that due to the defendant’s negligence she was denied her right to pursue legal action against Boomtown Casino.

The defendant is accused of professional negligence and legal malpractice.

An unspecified amount in damages is sought for pain and suffering, mental anguish, loss of life’s pleasure, disability, medical expenses, wage loss and loss earning capacity.

Frank is represented by Stephen R. Rue of Kenner-based Stephen Rue & Associates LLC.

The case has been assigned to Division K Judge Ellen Shirer Kovach.

Case no. 731-922.

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