A lawsuit alleging legal malpractice has been brought against Beaumont attorney Hart Green and his law firm, Weller, Green, Toups & Terrell.
Darla Kruse, an Orange County resident, filed the suit July 31 in Jefferson County District Court.
In February 2011, Kruse hired Green to sue several medical providers for failing to diagnose and properly treat tendon injuries to fingers on her left hand, which she says will likely end in her having to have one or more fingers amputated due to the care providers’ alleged negligence.
On June 28, 2011, Green filed suit against Dr. Darryn Meyers and Dr. Derrick Meyers in Orange County District Court. The Texas Medical Board found that Darryn failed to use proper diligence in his treatment of Kruse, according to the lawsuit.
Kruse maintains Green and his partners had conflicts of interests with some of Kruse’s medical providers, including Memorial Hermann Baptist Orange Hospital, Christus Hospital – St. Elizabeth, Dr. Sei Chang Oh, Dr. Burnet Todd Clarke, Dr. Robert Kramer and the Beaumont Bone & Joint Institute.
“Green and the Weller Firm failed to sue these other potentially responsible parties despite evidence that they may have shared in the responsibility for causing the damages to Kruse,” the suit states. “Green and the Weller Firm failed to disclose their conflicts of interest.”
For example, Green had been friends and neighbors since childhood with Kramer and Clarke.
“Instead of disclosing that these close personal ties created conflicts of interest that prevented Green … from suing all of the potential defendants in her case, Green told Kruse he would handle her case and sued only Dr. Darryn Meyers and Dr. Derrick Meyers,” the suit states.
Kruse accuses Green of botching the discovery process and failing to designate experts.
She also alleges that during mediation, the defendant doctors argued other health care providers may have been at fault.
“Unsurprisingly, the mediation was not successful,” the suit states.
On Dec. 20, 2013, the trial court granted a motion brought by Green and his firm to withdraw. The defendants “seized the opportunity” created by Green and moved for summary judgment.
“Green and the Weller Firm left Kruse in a helpless position and the court granted the defendants’ motion for summary judgment,” the suit states.
“Three years after Green and the Weller Firm were hired to recover Kruse’s damages, they abandoned Kruse at the courthouse, denying her of the ability to recover damages for her permanent, disabling, and disfiguring injuries.”
Kruse accuses Green and his firm of negligence and breach of fiduciary duty.
She is suing for her actual damages resulting from her alleged medical injuries, plus exemplary damages.
In all, she seeks monetary relief of more than $1,000,000.
The Law Office of Steven M. Duble in Houston represents her.
Judge Kent Walston, 58th District Court, has been assigned to the case.
Case No. A-197398