Attorney requests to stop representing plaintiff in miscarriage suit, citing communication problems

By John Suayan, Galveston Bureau | Dec 5, 2012

GALVESTON - Alleged communication problems have prompted an attorney in a lawsuit arising from a October 2009 motor accident which purportedly caused a miscarriage to submit a motion for withdrawal of counsel, recent court records show. 

A five-page document entered Nov. 9 into Maria Mendoza and Mariana Cabrera's suit from October 2011 states attorney Dale M. Carroll with Carroll Macchi PC in Houston is seeking permission from Galveston County 56th District Court Judge Lonnie Cox to stop representing Cabrera.

Mendoza and Cabrera are suing Bacliff resident Jason Smith over a two-vehicle wreck between them in the 3100 block of Palmer Highway in Texas City on Oct. 29, 2009.

The original petition, filed Oct. 28, 2011, asserts Smith rear-ended a vehicle driven by Mendoza with Cabrera as her passenger, insisting the disputed impact caused Mendoza to lose her child seven weeks into her pregnancy.

Carroll's motion argues Cabrera, whose injuries are undisclosed, "is no longer effectively assisting her counsel in pursuing this matter."

"Specifically, Mariana Cabrera has failed to maintain valid contact information with her counsel," according to the attorney.

He claims Cabrera has apparently ignored his phone calls and correspondence in matter of "several months time."

"In short, counsel cannot locate Ms. Cabrera," the document says.

Case No. 11-CV-1721

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