BELLEVILLE - A retired assistant fire chief with the East St. Louis Fire Department claims the city has refused to pay overtime wages when he was required to work extra hours to make up for employment vacancies.
BELLEVILLE A man claims his attorney failed to file a personal injury complaint involving a rear-end collision prior to the statue of limitation deadline.
Moore
The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.”
“In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling.
Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring.
Moore
The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.”
“In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling.
Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring.