Four siblings filed a misrepresentation and negligence lawsuit May 2, seeking more than $1 million in damages from some of their former counsel. They allege that four lawyers and their Houston-based law firms — Jonathan David and Brad Cooper of The David Law Firm and Herschel Hobson and Tina Bradley of Hobson & Bradley — failed to preserve testimony from their father prior to his mesothelioma-related death.
The plaintiffs allege that, back in 2001 when they contracted with the defendants to represent them and their father, their father was “nearly” 80 years old, had been diagnosed with mesothelioma and had elected to forgo treatment. He died months later.
Because the lawyers failed to preserve his testimony regarding his history of asbestos exposure before his death, the value of his claims was “greatly compromised,” the plaintiffs allege in their petition in Susan Janice Blair, et al. v. Jonathan David et al. filed in the 11th District Court in Houston.
The plaintiffs allege negligence, negligent misrepresentation, and breach of fiduciary duty causes of action.
The defendants did not return one call each seeking comment.
On the Harris county district clerk’s online docket, no attorneys are yet listed as representing the defendants.
L.A. Dunham, an attorney with Jim L. Culpepper & Associates in Houston, represents the plaintiffs. He says he got the case when one of the plaintiffs, a business contact, was telling him how disappointed the siblings were with the attorneys who had handled their father’s asbestos-related claims.
Dunham says he then discussed the matter with the new attorney for mesothelioma claims the family had hired, and he determined that the David, Cooper, Hobson and Bradley “should have preserved the testimony.”
Dunham says the family’s case against companies that allegedly exposed their father to asbestos is still pending, although some of the companies has settled with some defendants.
-- Miriam Rozen