Motor vehicle accident victim sues attorney for legal malpractice

GRETNA – A man is suing a group of attorneys for legal malpractice after they allegedly did not file documents in time to continue a motor vehicle lawsuit he had against the owner of semi truck that ran into his car.

Jorge Alberto Diaz Rubio filed suit against Migual A. Elias, a Professional Law Corporation, Paul Rodriguez and John Casey Cowley in the 24th Judicial District Court on March 5.

Rubio asserts that he was injured in an automobile accident on Sept. 8, 2009 when his car was struck in the rear end by a semi truck on Airline Highway in New Orleans. The plaintiff alleges he engaged Migual A. Elias, a Professional Law Corporation, Rodriguez and Cowley to represent him in the Orleans Parish Civil District Court in a personal injury case against the semi truck’s owner. However, Rubio claims that when the defendants filed the initial lawsuit against the semi truck owner they included in the paperwork a claim that the damages did not surpass $50,000 while allegedly not informing him of the implications of not being able to recover more than $50,000 in the case.

On Aug. 8, 2010 when the defendants moved to amend the section of the lawsuit and add that the damages were likely in excess of $50,000, they were denied by the court to make the change in the case. Rubio claims that due to the oversight the defendants limited his ability to recover just damages in the lawsuit.

The defendant is accused of limiting the plaintiff’s ability to recover damages above $50,000.

An unspecified amount in damages is sought for mental anguish, aggravation and inconvenience.

Rubio is representing himself pro se in the case.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 736-118.