OKVacationer
New Member
Three years ago my son suffered an injury on a school merry-go-round. The equipment was broken, ill maintained, and he was basically unsupervised at the time. He had to have surgery on his arm, 10 weeks in a cast, and spent a year wearing a brace. He has a permanent deformity to his arm. We discovered other children had also been hurt in the same manner on the same broken piece of equipment and requested the school's insurance pay for his injuries.
We filed suit in 2009, after the school dug in its heels and did nothing.
We got to the stages of discovery, presentation of witness lists, and depositions. Our first deposition was supposed to be in February. The morning of our deposition, our attorney had a heart attack and they had to emergently halt the deposition process.
The depositions were rescheduled and performed in May after our attorney recovered. We read through the transcripts and signed off on them.
Their attorney asked what our first "offer" was for a settlement. I deferred to the attorney, who said he would get back to me.
Then nothing.
I called his office. My calls were not returned. I emailed with no response. I emailed both he and his secretary again, at which time FINALLY he informed me that he had had a second heart attack, had double bypass surgery, and was in the process of recovering. Oh, and by the way, his secretary no longer worked for him and he was just getting back to part-time status. He said he would have to review our case and get back to me.
That was 10 days ago.
Now what?? According to his secretary, the last time we met face-to-face, this was it. We were in the final stages and should have a resolution by now.
Instead, we're getting no communication whatsoever.
What do we do now?? At this late stage of the game, can we request the case be moved to another attorney? Is that even an option, and would anyone even accept it?
Thanks in advance for any advice!
We filed suit in 2009, after the school dug in its heels and did nothing.
We got to the stages of discovery, presentation of witness lists, and depositions. Our first deposition was supposed to be in February. The morning of our deposition, our attorney had a heart attack and they had to emergently halt the deposition process.
The depositions were rescheduled and performed in May after our attorney recovered. We read through the transcripts and signed off on them.
Their attorney asked what our first "offer" was for a settlement. I deferred to the attorney, who said he would get back to me.
Then nothing.
I called his office. My calls were not returned. I emailed with no response. I emailed both he and his secretary again, at which time FINALLY he informed me that he had had a second heart attack, had double bypass surgery, and was in the process of recovering. Oh, and by the way, his secretary no longer worked for him and he was just getting back to part-time status. He said he would have to review our case and get back to me.
That was 10 days ago.
Now what?? According to his secretary, the last time we met face-to-face, this was it. We were in the final stages and should have a resolution by now.
Instead, we're getting no communication whatsoever.
What do we do now?? At this late stage of the game, can we request the case be moved to another attorney? Is that even an option, and would anyone even accept it?
Thanks in advance for any advice!
