PENNSYLVANIA RECORD

A disbarred Lehigh Valley, Pa. attorney is being sued by a Philadelphia man who claims the former lawyer failed to timely file a professional negligence claim against another former attorney of the plaintiff’s arising out of a near $8 million lawsuit the plaintiff had initiated against an environmental products company.

In a pro se complaint filed at Philadelphia’s Common Pleas Court July 18, Robert A. Stewart claims he retained former lawyer Glenn D. McGogney, of Orefield, Pa., back in mid July 2008, to represent him in a case in which Stewart was suing his former attorney, David Dunn, for professional negligence.

The suit states that Stewart had hired Dunn to file a claim against Environmental Products and Technologies Corp. and others for $7,855,190.68, although it doesn’t offer specifics with regard to the nature of that prior civil action.

The complaint goes on to state that solely as a result of Dunn’s professional negligence, the aforementioned lawsuit was fraudulently settled for $50,000, and Stewart was coerced into consenting to the settlement, thus preventing Stewart from collecting the near $8 million in damages plus interest.

Dunn never collected the settlement amount, although he did take a one-third fee from other monies belonging to Stewart that were escrowed with Dunn, the lawsuit claims.

In his complaint, Stewart alleges that McGogney failed to initiate a lawsuit against Dunn within the applicable statute of limitations, and he is now barred from doing so, the time frame for filing suit having passed.

“Stewart believes and therefore avers that Attorney McGogney willfully, wantonly, and intentionally did not file suit against Dunn within the applicable statute of limitations in order to protect a colleague,” the lawsuit states.

As a result of McGogney’s alleged negligence, the lawsuit claims, Stewart lost investors who were willing to advance the sum of $600 million for the worldwide distribution of Stewart’s product; the specifics with regard to the product are not offered in the complaint.

The suit goes on to state that McGogney’s negligence caused Stewart to lose profits of about $60 million, as well as the commercial opportunity to sell his company for an “indeterminate” amount of money.

The lawsuit contains a count of professional negligence in which Stewart accuses McGogney of failing to file suit within the applicable statute of limitations, failing to properly investigate Stewart’s claim and failing to use that care required under the circumstances.

The suit also contains a breach of contract count.

For each count, Stewart seeks damages in excess of $60 million, plus interest and litigation costs.

 

The case ID number is 120702431.