Suit against 'sarcastic' lawyer dismissed as frivolous

David Yates Mar. 3, 2009, 4:17am

Frank Calvert

A lawsuit insinuating local attorney Frank Calvert verbally assaulted a woman by employing "sarcasm" was dismissed with prejudice last week.

Over the past four months, the Record has reported on several pro se suits authored by Amy Modica, who suffers from post traumatic stress disorder, including one filed against Calvert on Dec. 23, court papers say.

On Feb. 26 Judge Gary Sanderson, 60th Judicial District, ruled that Modica's claims against Calvert were "frivolous" and granted the attorney's motion to dismiss.

This is not Modica's only suit against a professional for behavior she found unsatisfactory.

In November, she filed suit against multiple housing officials, including President George W. Bush, alleging she may be forced into homelessness because of mismanagement at the Beaumont Housing Authority.

A month later, on Dec. 30, Modica filed a suit against Dr. Howard Wilcox, claiming the local doctor's rudeness caused her to have heart attack in his office.

In her suit against Calvert, Modica alleged that on Dec. 19 Calvert "verbally assaulted" her.

"His words were corrupting, humiliating and unbecoming," the suit states. "He used verbal sarcasm as a form of speech which is bitter or cutting, being intended to taunt its target, which is me."

Modica alleged Calvert's words mentally and physically hurt her by causing her heart rate "to heighten into tachycardia," the suit states.

Calvert is a partner at Calvert Eaves Clarke & Stelly law firm.

Case No. B182-904

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