In a dramatic turn of events, a mother has successfully appealed a court decision that dismissed her legal malpractice claim related to the wrongful death of her child's father. Lindsay Williams, acting on behalf of her minor child K.R., filed the appeal in the Court of Appeal, Fourth Circuit, State of Louisiana against several defendants including Wanda Anderson Davis and various law firms and insurance companies. The appeal was heard on December 30, 2024.
The case stems from the tragic death of Justin Robertson, a licensed electrician who died on July 1, 2021, while working at Greater St. Stephen Church in New Orleans. Following his death, Robertson's parents and Williams sought legal representation from attorney Wanda Anderson Davis for wrongful death and survival actions. However, they were informed by Davis over a year later that she had failed to file suit within the required one-year period and suggested they pursue a legal malpractice claim against her instead.
On March 29, 2023, Williams and Robertson's parents filed a petition for damages alleging malpractice by Davis for missing the filing deadline and failing to disclose her active membership with Greater St. Stephen Church. They named Davis' employers and their insurers as defendants under the doctrine of respondeat superior.
The defendants responded with exceptions arguing that only Robertson’s minor child had the right to sue through an authorized tutrix, not Williams or Robertson’s parents individually. They claimed that Williams needed to establish sole parental authority or court permission under Louisiana law to maintain the lawsuit. Consequently, the trial court granted these exceptions dismissing all claims by Williams individually but allowed time for her to amend her petition in her capacity as tutrix.
Williams amended her petition on October 12, 2023, asserting her role as natural tutrix following a judgment confirming Robertson as K.R.'s father and herself as tutor. However, defendants filed another exception claiming peremption due to filing beyond one year after discovering Davis’ alleged malpractice.
On appeal, Williams argued that she had proper capacity from the start based on Louisiana Code allowing natural tutors like herself to file delictual actions without formal qualification if certain conditions are met—conditions she believed were satisfied given her status as K.R.’s mother born outside marriage unacknowledged by Robertson before his death.
The appellate court agreed with Williams’ arguments citing procedural errors in prior rulings regarding capacity and peremption exceptions. It found no explicit judicial admission conceding lack of capacity nor sufficient evidence from defendants challenging Williams’ status as natural tutrix capable of suing on behalf of K.R., thus reversing previous judgments dismissing claims against defendants.
Representing Lindsay Williams were attorneys M. Suzanne Montero, Scott L. Sternberg from Sternberg Naccari & White LLC; opposing counsel included David S. Daly and Elliot M. Lonker from Frilot LLC representing defendants such as Wanda Anderson Davis among others involved in this complex litigation unfolding under Case ID No: 2024-CA-0364 before Judges Roland L Belsome Daniel L Dysart Dale N Atkins presiding over proceedings ultimately remanding matter back trial level further action warranted given findings reached herein today now public record available scrutiny future reference alike