Sanctions: Allied Concrete attorneys want $900K in legal fees
The tragic day in 2007 when an Allied Concrete mixer crossed paths on Route 53 with the car of a young married couple, it took more than 25-year-old Jessica Scott Lester's life. Today her widower faces sanctions and possible perjury charges, and the career of the well-respected attorney who represented him has ended in shambles.
"Don't worry about sanctions," attorney Matt Murray wrote in an email to his client, Isaiah Lester, which was read in opening and closing statements by opposing counsel. "If we get sanctioned, after the trial, you'll have plenty of money to pay it."
After any elation and vindication Jessica Lester's husband and parents may have felt with the record $10.6 million wrongful-death verdict in December 2010, nearly a year later, the case has turned sharply .
A judge sliced Isaiah Lester's $8.58 million award almost in half and ordered monetary sanctions against Lester and Murray for spoliation of evidence during the trial, an amount the attorneys representing Allied Concrete's insurance company put at over $900,000.
Amid the dozen or so lawyers at the sanctions hearing September 23 in Charlottesville Circuit Court, one was noticably missing: Murray himself, former managing partner for Allen and Allen, the largest personal injury law firm in Virginia. Murray resigned from the firm July 6 and says he's retired from practicing law.
During the hearing to determine just how much Murray and Lester would have to pay– and whether Allen and Allen could escape liability for the $909,485.21 Allied Concrete's attorneys say the destroyed or withheld evidence cost the company's insurer in legal fees– Judge Edward Hogshire referred repeatedly to the "degree of deception" in the case. "Nothing could be trusted," said Hogshire. "The process broke down because of the dishonesty."
According to a September 1 order from Judge Hogshire, the spoliation began in March 25, 2009, when Murray received a discovery request for the contents of Lester's Facebook account. Attached was a photo of Lester wearing a "I [heart] hot moms" t-shirt, and holding a beer can with other young adults.
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A judge sliced Isaiah Lester's $8.58 million award almost in half and ordered monetary sanctions against Lester and Murray for spoliation of evidence during the trial, an amount the attorneys representing Allied Concrete's insurance company put at over
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Groups as diverse as the US Chamber of Commerce and the American Civil Liberties Union have allied in support of the doctors, because the case is fundamentally about who gets to sue. These organizations like to use lawsuits to challenge government
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