Beaumont couple sues attorney for failing to file complaint

Kelly Holleran Nov. 11, 2009, 9:16am


A Beaumont man and his wife claim they are entitled to compensation after a lawyer they hired to represent them in a collision lawsuit failed to file the complaint.

Luis and Sylvia Rivera filed a lawsuit Oct. 30 in Jefferson County District Court against Grossman & Waldman LLP.

The original complaint states the defendant may be cited by serving owner Joel Grossman in Houston. However, Grossman currently has his own firm and is not in practice with the Walman firm.

The Riveras allege they consulted Grossman & Waldman on July 19, 2007, about representing them after Luis Rivera received neck and back injuries in a car accident on Sept. 27, 2006.

As part of the arrangement, the Riveras agreed to pay Grossman & Waldman a 33 and 1/3 percent stake if a settlement was reached before the lawsuit was filed and a 40 percent stake if a settlement was reached after the suit was filed, according to the complaint.

However, Grossman & Waldman failed to file the lawsuit before the statute of limitations had expired on Sept. 27, 2008, the suit states.

As a result, the Riveras have not been able to collect any damages from the driver of the vehicle who caused the accident, the complaint says.

The Riveras are accusing Grossman & Waldman of negligence, negligent misrepresentation and breach of contract.

The Riveras are seeking an unspecified judgment, plus attorney's fees, costs, pre- and post-judgment interest and other relief to which they may be entitled.

Michael R. Ramsey of The Mostyn Law Firm in Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E185-238.

More News