Boston personal injury firm Crowe & Mulvey sued by former client for alleged Legal Malpractice
BOSTON, May 7, 2022 /PRNewswire/ -- Crowe & Mulvey, a personal injury firm in Boston, has been sued by a former client for alleged Legal Malpractice. The lawsuit, filed by Brian Evans, alleges that the firm failed to depose or call witnesses during his mother's wrongful death trial, and failed to object when a juror member stated that "anyone can have a heart attack," despite the fact that the juror member did not have Sleep Apnea.
39 United States governors have issued Sleep Apnea Awareness Proclamations, many of them mentioning Evans mother by name. Those Proclamations can be seen at helen-bousquet.com.
The Massachusetts Appeals Court stated in an Order that the firm failed to object during trial to the issue in what would be a cause to appeal. The firm also did not do a conflict check on the judge, Lawrence Suprerior Court Judge Salim R. Tabit, who was married to a doctor with at least admitting privileges in the very same hospital Evans was suing.
Evans has named Florence Carey, an attorney at the firm and another attorney, as well as the firm itself.
"During the trial, my own attorney stated that the going rate for a 62-year-old, my mother, was $750,000," Evans says. "I was sickened."
The Massachusetts Bar Association issued a warning against the firm after they posted a video of Evans on YouTube praising the firm, but only doing so after Evans gave notice of his intent to sue and never before. YouTube, citing a violation of Evans copyright, immediately removed the video. Evans contends he did not realize legal malpractice had occurred until after Evans created a video about the firm. The firm never posted the video online until Evans informed the firm he intended to sue for legal malpractice.
"This firm represented me and deposed none of my witnesses nor called any of them to testify," says Evans. "Then they post a video of me praising them after I advised the law firm I intended to file suit, but never before. I am appreciative that both the Massachusetts Bar sent them a warning letter and that YouTube confirmed their violation of my copyright by the removal of the video. In my opinion, this firm seeks settlements, and were completely unprepared for trial."
Evans is being represented by Massachusetts attorney Richard Chambers.
Evans also claims the firm failed to depose any of his witnesses, including his father, a former police chief, and failed to file a Notice of Appeal to preserve his rights. The firm also never filed to withdraw from the case nor received permission by the court in Lawrence, Massachusetts to do so.
"The firm failed to discover the judge was connected to the defendants, didn't object when they should have during the trial, failed to file any post-verdict motions, and other matters that now have me having to pursue what I am in court," says Evans.
Evans' original case for which he is now suing Crowe & Mulvey is now before the United States Supreme Court. Evans appeal regarding the judge will be reviewed by The United States Supreme Court and will be at conference on May 19th, 2022. "If I lose the appeal, I'll file for a Motion for Rehearing. I lost my mother this was not some small claims case and that's how I believe Crowe & Mulvey treated it."
"I see opinions posted online by other firms on their blogs who know absolutely nothing about what I'm alleging in the case. They know nothing about it and spew off opinions knowing nothing," said Evans about an article he reviewed by a firm with no relation to the case.
"That's why I decided it was my turn to make it clear what this firm did, or in my case, didn't do, and the retaliatory actions they took when they knew I was going to file a legal malpractice case. Having to go through this over what happened to my mother has been the worst experience of my life," concludes Evans.
"My father, a former police chief, was on my witness list and heard co-defendant Dr. Ronald Marvin say "Probably," when my father asked if had my mother been monitored would it had made a difference. Crowe & Mulvey never even deposed him despite telling me they would, and never called my father as a rebuttal witness to Marvin's testimony. Like the original case, I will take this case as far as I must and justice will be had," says Evans.
Evans said comments by Edward S. Cheng, a professional liability attorney at Sherin and Lodgen in Boston, claiming that he, as a non-party to all of the cases "sees rough sailing ahead for Evans in his case against Crowe & Mulvey," is ridiculous.
"Who is Ed Cheng? I love how these lawyers who have nothing to do with the case seek to get their name out there by commenting about cases about trials they never sat through and do not know all of the details. It's a ridiculous and sad attempt to get attention in legal publications, really," says Evans.
Evans was deposed on May 6th, 2022, and depositions are set for June 1, 2022 with Evans father, and Crowe & Mulvey defendant Florence Carey.
"I am not the first client to sue Crowe & Mulvey," says Evans. "In my opinion they are a quick settlement firm and not a trial firm. This is my mother, and unlike what Florence Carey said to me and my friend, there was no "going rate" for my mother.
"This is about justice, and that comes in many forms," says Evans. One nurse, Anne Marie Mede, of Holy Family Hospital in Methuen, Massachusetts, was found negligent at trial by the jury in the Essex County Superior Court case in Lawrence, Massachusetts.
Case References: Suffolk County Superior Court - Evans v. Crowe & Mulvey – Civil Action 2184CV01883
Original Action Case Information: Evans v. Marvin, et al - Essex County Superior Court, Lawrence, Massachusetts - Docket Number 1577CV00569
United States Supreme Court – Writ of Certiorari Case Number 21-1257 - Evans v. Dr. Ronald Marvin, Nurse Anne Marie Mede, Holy Family Hospital, Steward Health, et al
References to this case may be found at helen-bousquet.com
SOURCE Brian Evans
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