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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90968
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I leased a huge convenience store from Texaco which burned

Customer Question

I leased a huge convenience store from Texaco which burned 11/2004. I still had 6 yrs contract left.Fire marshalls ruled it as an accident. The day before the fire their technician came to fix fuel box. He had wires in his hands & sparks were flying out. The day of fire we called owner & told him, he said not to worry he was giving us a big Grand Opening; he said not to mention this. One of his workers came & got the box while the Fire Marshall was there. Shocked I received letter I'm being sued $100,000 for neglect. Due to my medical condition DR's orders I couldn't work any longer. I financed a person & the store was mine until pd-in-full. He had store 18/mn at which time he sold all stock & closed store. I borrowed $40,000 to reopen the store, it burned 6 weeks later. I only had $75,000 fire ins. I waited 4/yr & had to filed bankrupcy 11/2008. I lost my home my livelihood. My lawyer didn't notify us until 1/mn after case was dismissed, if we appeal find another lawyer case is 600 pg
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
What is your actual question?
Customer: replied 4 years ago.
My father died when I was five. My mother raised 4 small children on her on in the 50's. At age 44 she had a massive heart attacks & strokes which left her with brain damage. I took care of my mother since I was 19. I did it out of love because she was a magnificent mother. I wasn't able to save money for my old age. Our lawyer was a friend of our Insurance Lawyer and he called and wanted our case. We live in Scottsboro and the Oil company is in Huntsville, so that's why we got the lawyer for Huntsville. My lawyer never met with us. He only sat in our deposition to the Oil Company for an hour. Our income for 2005 was 10,989 for 3 people. I thought that everyone had the right to be heard. I thought all statements and evidence should be summited to the court. My husband has 2 knee replacement's, a rod in his leg, screws in his ankle, and metal achors on his shoulder, damage rotary cuff. The Oil Company knew this & my medical condition. Neurosurgery the neck area C5-6 which I had the surgery in 1983. Now the 2 disc below the brain above the old surgery are bulging, 12 disc are gone, l bulging in the lower back, and tailbone badly damage. I have osteoporesis, rheumatoid arthritis, canal stenosis, uncontrolled blood pressure due to the pain, neuropathy in hands & feet, sleep apnea, muscle lose and nerve damage. All this is from the freak accident in 1983 except sleep apnea. My doctor said I can be paralyzed neck down, tomorrow or 5 yrs from now. I have spurs along the side of the spinal cord, if any break loss and cut my cord I shall be paralyzed. If I didn't have a house payment, I could budget and live nice. What I'm doing now is existing not living. My contract was in black & white - if something happened to the store they would have it up and running, or send me a letter of their intentions which they did neither. He's a millionaire and could keep me in court for 4 yrs, until I had no choice in filing bankrupcy. I found a lawyer who might take my case. He asked me where did my lawyer make a mistake? Never met with us, never notified us when the court date was. It was dismissed March18, 2009, and he notified us April 23rd, we had six days to find another lawyer. I wrote the judge and asked her for an extention. She granted me one and notified my lawyer on May 5th, and again we weren't notified. I went to the court house public records and seen her decision. I went to Attorney by the court house. He said I only had that afternoon to get something into the judge that day or my case would be closed. My question is what can I do about everything that happened to me in this case. We're talking about my whole life's hard work? Everyone is asking me what the question is, when I'm asking them what can I do to receive justice. Unfortunately I wasn't born with a silver spoon - they were. Yet - I thought the law and justice applied for everyone and not just for the rich. I would love to find someone that has love and passion for the law, and not just the old mighty dollar. XXXXX XXXXXXXXXXXX
Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry for all of your frustrations here, but please refrain from using the opt out or relist option because it prevents us from assisting you or responding to your questions.

I am afraid that your recourse here since the case has been dismissed is that you are going to have to pursue the attorney who failed you in this case for malpractice. The attorney's failure to respond in time or notify you that responses were due and caused your case to be dismissed would be liable to you for your losses. You are going to have to get a local legal malpractice attorney, which you can find through the same site used by other attorneys, http://www.martindale.com

The issues here are that you have evidence that the owner and not you were liable for this fire and all of your losses. The attorney, as you have noted failed to pursue the matter properly and then left causing you extreme and material harm and prejudice to your case, and in these types of malpractice cases most legal malpractice attorneys take these cases on a contingency fee basis and collect their fees either from a percentage of the award they obtain for you or in some cases the court can order the other party to pay your attorney's fees.

At this point, this is going to likely be your only chance or avenue for justice. The attorney will of course try to file a motion with the court to set aside the dismissal and reopen the case based upon the ineffective assistance of counsel and the malpractice, but chances are the court will not allow that and will leave you with having to pursue the attorney and their malpractice insurance carrier.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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Customer: replied 4 years ago.
Relist: I told you the reason 2 days ago, yet the same person answered the question. I was totally surprised about this transaction.
I told you the reason 2 days ago, yet the same person answered the question. I was totally surprised about this transaction

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