 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
McBurney v. Roszkowski6/15/2005
In this dispute between two attorneys, the plaintiff, John F. McBurney, Esq. (McBurney), appeals from a Superior Court judgment denying his motion for relief under Rule 60(b) of the Superior Court Rules of Civil Procedure. This case was consolidated for oral argument with McBurney v. Teixeira, No. 2000-283-A. (R.I., filed June 15, 2005) pursuant to an order directing all parties to appear and show cause why the issues in the respective appeals should not summarily be decided. After considering the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that cause has not been shown and that the case should be decided at this time. For the reasons stated below, we deny McBurney's appeal and affirm the Superior Court judgment.
Facts and Background
This case is but another chapter in an ongoing saga among a number of parties, all stemming from the legal representation of Shirley Salerno Bergeron (Bergeron) in the late 1980s and into 1990. We hope that this appeal will indeed be the final act of what has become a sad and sordid affair. The records of this matter and of its companion case, McBurney v. Teixeira, which we decide contemporaneously with this appeal, establish the following pertinent facts and history.
On June 25, 1987, Bergeron was involved in an automobile accident in which she sustained personal injuries. As a result, she retained the legal services of McBurney, a veteran attorney in the State of Rhode Island, and the two entered into a contingency fee agreement. Around the same time, attorney Joseph J. Roszkowski (Roszkowski), also a seasoned member of the Rhode Island bar, was appointed to represent Bergeron as an indigent defendant in a wholly unrelated criminal matter then pending in the United States District Court for the District of Rhode Island.
While Roszkowski was acting as Bergeron's counsel in that criminal matter, McBurney claimed that he made a number of false representations to Bergeron regarding the manner in which McBurney was handling her personal injury case. This, according to McBurney, prompted Bergeron to reject a proposed settlement offer, discharge McBurney as her attorney in the personal injury matter, and hire Roszkowski to handle the case. Angered, McBurney sued Bergeron on June 12, 1989, demanding compensation for unpaid legal services.
In June 1994, nearly five years after initiating suit against his former client, McBurney brought suit directly against Roszkowski. In that complaint, McBurney alleged that Roszkowski had tortiously interfered with his contractual relationship with Bergeron by advising her to reject the settlement offer that McBurney had obtained in her personal injury case. In addition, McBurney alleged that Roszkowski had directed Bergeron to file a false and defamatory complaint against him with the Disciplinary Counsel of the Rhode Island Supreme Court. McBurney's case against Roszkowski was reached for trial on March 20, 1999. After only a day and a half of trial, however, Roszkowski and McBurney agreed to settle. On March 29, 1999, the parties executed a stipulation providing "Judgment for Defendant." Soon thereafter, the parties executed a "General Release and Confidentiality Agreement."
The terms of the settlement provided as follows:
"KNOW ALL MEN THAT JOHN F. McBURNEY, JR., and MCBURNEY LAW SERVICES, INC., a professional corporation (hereinafter 'Releasors'), in consideration of the sum of * * *, to them paid by ATTORNEY JOSEPH J. ROSZKOWSKI, and ZIMMERMAN, ROSZKOWSKI & BRENNER, ATTORNEYS, their heirs, executors, representatives, agents, employees, attorneys, affiliates, associates, insurance carriers, successors
Page 1 2 3 4 5 6 7 8 Rhode Island Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|