A man sued three lawyers and their firm, claiming they represented him in a personal-injury suit against a defendant who later died, but the attorneys failed to seek damages from the defendant’s estate.
Ethan Lee claims that lawyer-defendants Charles M. Miller, Meredith Semler and John Izzo represented him in the PI claim against a husband and wife. But he nonsuited his claims against the wife, and the husband died.
The lawyers didn’t serve a representative of the man’s estate, and then “all claims for compensation were dismissed,” Lee alleges.
Miller, Semler and Izzo were negligent in not suing and serving the estate representative and in not timely amending Lee’s suit once the deceased defendant’s lawyer filed a “Suggestion of Death” in the case, Lee claims in his Jan. 16 petition in Lee v. Miller
He alleges that Izzo & Semler, the firm where all three lawyers work, is “vicariously liable” for the lawyers’ negligence.
Lee alleges that the lawyers’ negligence caused him to “lose a valuable right, which was his right to a claim for compensation for his injuries.” He seeks to recover actual damage, pre- and post-judgment interest, and costs.
Jay Winckler, partner in Winckler & Harvey in Austin who represents Lee, couldn’t be reached for comment. Izzo, Semler and Miller didn’t return a call for comment.