A Lamar man claims Joplin attorney Phillip Glades and the Glades Law Firm failed to file a personal injury lawsuit before the statute of limitations expired and is suing the firm for legal malpractice.
In the lawsuit, which was filed Wednesday in Jasper County Circuit Court, Travis Storm says he hired Glades to represent him following an accident that occurred August 6, 2020, when he was working as an independent contractor for Lambeth Tree Service, LLC.
Storm and his wife, Kayla, are listed as plaintiffs in the lawsuit, while Phillip Glades and the firm are listed as defendants.
To perform the tree trimming, Plaintiff Travis Storm was required to use a bucket truck provided by Lambeth Tree Service, LLC (hereinafter “Truck”).
Lambeth Tree Service, LLC, was responsible for maintenance and fueling the Truck, prior to being used in tree trimming projects.
On August 6, 2020, Plaintiff Travis Storm was trimming the tree as contracted by Lambeth Tree Service, LLC. In trimming the tree, Plaintiff Travis Storm was in the bucket of the Truck and raised into the air.
After Plaintiff Travis Storm had completed the work, he began to lower the bucket of the Truck toward the ground.
As Plaintiff Travis Storm was descending, the Truck malfunctioned and the arm of the Truck fell rapidly to the ground, causing Plaintiff to be ejected from the bucket of the Truck and suffer significant injuries.
Plaintiff Kayla Storm was nearby at the time of the incident and saw Plaintiff Travis Storm fall from the Truck.
The Truck malfunctioned due to Lambeth Tree Service’s failure to properly maintain the bucket and arm mechanism of the Truck.
In the alternative, the Truck malfunctioned due to a defect that existed when the Truck was manufactured.
Plaintiff Kayla Storm was nearby at the time of the incident and saw Plaintiff Travis Storm fall from the Truck.
The Truck malfunctioned due to Lambeth Tree Service’s failure to properly maintain the bucket and arm mechanism of the Truck.
In the alternative, the Truck malfunctioned due to a defect that existed when the Truck was manufactured.
A few months following Plaintiff’s accident, Plaintiffs contacted Defendant’s employee, attorney, and member to represent them to recover damages resulting from Plaintiff Travis Storm’s injury.
Defendant, through its employee, attorney, and member, agreed to represent Plaintiffs pursuant to an agreement for legal services which provides for a payment of attorney’s fees in the amount equal to Forty Percent (40%) of any amounts recovered by Defendant on Plaintiffs’ behalf.
Despite agreeing to represent Plaintiffs on a contingent fee basis, Defendant never brought a lawsuit on behalf of Plaintiffs and against Lambeth Tree Service, LLC or the Truck’s manufacturer for negligence, negligent infliction of emotional distress, negligence under the doctrine of res ipsa loquitor, loss of consortium, or any other cognizable claim.
The statute of limitations for Plaintiffs’ claims expired on August 6, 2025.
Defendant, through its employee, attorney, and member, did not inform Plaintiffs that the statute of limitations had expired until 2026, when Plaintiffs asked Defendant for an update on their case.
At all pertinent times mentioned herein, Defendant’s employee, attorney, and member was acting within the course and scope of her employment with Defendant.
Defendant is liable for its employee’s actions through the doctrine of respondeat superior.
As a result of Defendant’s and Defendant’s employee, attorney and member’s actions and omissions, Plaintiffs have been damaged in an amount exceeding $25,000.00, the exact amount of which has yet to be determined.
The Storms are represented by McKinley Groves of the Springfield law firm of Lowther Johnson Attorneys at Law.
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