GALVESTON — A Galveston County man is suing his Houston attorney, alleging the plaintiff was not paid his portion of a settlement that totaled more than $277,000.
Eddy McHenry filed a complaint Sept. 19 in Galveston County District Court against Kurt Arnold and Arnold & Itkin LLP, alleging breach of contract, common law conversion and unconscionability.
According to the complaint, McHenry was injured while working on a fishing vessel March 19, 2015. The plaintiff says he sustained injuries to his hand and several fingers were amputated.
The suit alleges McHenry was approached by an insurance company for the vessel where he was injured and offered a potential settlement for his injury. The plaintiff said he signed an attorney client contract with Arnold & Itkin on April 3, 2015 an the defendant agreed it would advance court costs and other expenses for the claim and that it would receive a 33% contingency fee of the amounts recovered before a lawsuit was filed and 40% of the gross sum after the lawsuit was filed.
The suit states Arnold also agreed to cover certain expenses and stated that McHenry would owe nothing in the case if the suit was lost. The defendant allegedly has breached contract through failing to pay the plaintiff his share of the settlement which is $277,755.11.
McHenry seeks trial by jury, monetary relief between $200,000 and $1 million, attorney fees, court costs, interest and all other just relief. He is represented by attorneys Jeff M. Meyerson and Ard Ardalan of The Meyerson Law Firm PC in Austin.
Galveston County District Court case number 19-CV-1812