A barratry lawsuit against Edinburg attorney Kent Livesay and two other individuals has been disposed after evidence was presented showing that the plaintiffs’ former counsel may have sought to entrap the defendants.
Last May, Raymond and Melanie Miller filed suit against Livesay in El Paso County, alleging he used a case runner to drum up business after the couple was in a car wreck.
Court records show that the final judgment was entered Jan. 29, finding that the plaintiffs take nothing in their claims against the defendants and that all parties bear their own costs.
The complaint also named the following Livesay “doing business as” companies as defendants, ACDT Advocate Center, El Paso Injury Center, Accident Injury Medical & Legal Center, Injury Claims Center for El Paso and El Paso Help.com.
Individuals Carlos Brito-Porras and Michael Andre Veloz were also named as defendants.
The Millers accused the defendants of being involved in an intricate criminal and civil conspiracy to commit barratry, calling them “cheats, hucksters and ambulance chasers.”
The suit was filed through Dallas attorney Tom Carse, who was disqualified as the Millers’ attorney last October, court records show.
One of the defendants in the case, Brito, had filed a motion to disqualify Carse on Sept. 17, alleging the claims against him were the result of a scheme to entrap him.
Brito presented evidence to the court showing Carse sought to speak with him about a car accident that he believes never occurred.
“The actions of plaintiffs’ counsel serve as direct evidence of the scheme to entrap Brito in the matter to drum up evidence for the purpose of this matter and ironically to create litigation where none existed,” the motion states. “Tom Carse is a material witness, and thus he cannot continue on as plaintiffs’ counsel.”
In his affidavit, Brito says on Sept. 15 he found a Face Book message from Carse sent on May 16 stating that Carse needed legal help for a bad car wreck.
El Paso County case No. 2015DCV1669