Lawyer hit with $10M suit for allegedly withholding funds

By David Yates | Feb 11, 2015


Seeking up to $10 million in damages, a Katy man is suing his attorney, alleging the lawyer is withholding settlement funds from an automobile collision suit.

Billy Chumley filed suit against Carl Barry, an Austin attorney, on Jan. 28 in Harris County District Court, accusing Barry of reckless disregard of duty.

Court records show Chumley was in a collision caused by a drunk driver on May 27, 2012, in Travis County. He retained Barry to bring suit on his behalf.

In his current suit, Chumley accuses Barry of negligently investigating and prosecuting his claim, in addition to negligently conducting settlement negotiations and distributing the funds.

“Defendant is wrongfully withholding and exercising dominion and control over Plaintiff’s personal (property) by failing to properly distribute the settlement funds,” the suit states. “The money belongs to Plaintiff in equity and good conscience.”

Although the suit does not state the amount of money in question or why Barry is allegedly withholding the money, Chumley claims he’s entitled to monetary relief of more than $1 million but not to exceed $10 million.

He is also seeking to recover court costs.

Houston attorney David Bergquist represents him.

Case No. 2015-04673

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