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By stan_sipple

Plaintiff-representatives of decedent who died in a fatal work accident sued attorney for malpractice and filed the case in St Louis City Circuit Court. The trial court judge ordered them to move the case to St Louis County where the attorney had his office. Missouri Supreme Court issues permanent writ to keep the lawsuit in St Louis City because the decedent could have filed his underlying lawsuit there. State ex rel. Semsa Selimanovic, et al., Relators v. The Honorable Robert Dierker, Jr., Respondent.: SC88697

Section 508.010, RSMo Supp. 2005, provides that the proper venue in tort actions is the county in which the plaintiff was "first injured." The issue in this case is one of first impression and requires a determination of whether proper venue for a legal malpractice case based upon an alleged failure to file a lawsuit prior to the expiration of the statute of limitations lies in the county where the attorney's office is located or in the county in which the lawsuit would have been filed. This Court issued a preliminary order in prohibition barring the circuit court of the City of St. Louis from transferring the case to the circuit court of St. Louis County. The preliminary order is made absolute (so the suit may continue in St Louis City).Section 508.010.4, RSMo Supp. 2005, provides that venue shall be where the plaintiff was "first injured" by the alleged wrongful acts or negligent conduct, and section 508.010.14, RSMo Supp. 2005, provides that a plaintiff is considered "first injured" where the trauma or exposure occurs rather than where the symptoms first are manifested. the injury sought to be redressed by the malpractice action is the financial loss from the lack of an enforceable judgment. That judgment could have been rendered in either the circuit court of the City of St. Louis or in the circuit court of St. Louis County. Accordingly, venue over the malpractice action was proper in the city. The circuit court was without discretion to disturb the heirs' choice of proper venue.

Full post as published by Showmeblawgs on March 21, 2008 (boomark / email).