Friday, September 18, 2020

Lawsuit Accuses Carlos Moore of Malpractice

Carlos the Clown stands accused of committing legal malpractice in a wrongful death lawsuit.  Adrian Murry made the claim in a lawsuit she filed against Carlos Moore and his law firm in Forrest County Circuit Court yesterday.


The complaint states Adrian Murry's son, Kendrick, was a car hop at a Hattiesburg Sonic Drive-In.  He began suffering seizures after he fell and struck his head at work.   An ambulance took him to the hospital.  Paramedic administered several drugs to treat the seizures.  A neurosurgeon diagnosed him with a blood clot in the brain and a cerebral contusion with herniation (parts of brain are squeezed past the skull).  He died on September 12, 2015.  He was 25 years old.

His estate filed a petition to controvert with the Workers Comp Commission in December 2015.  A trial was scheduled for September 20, 2017.  Ms. Murry retained Carlos Moore and the Moore Law Group.

Ms. Murry claims Mr. Moore called her the morning of the trial and said the judge warned they would lose the case.  He allegedly told her to settle the claim for $10,000 because "there was high cannabinoid levels" in her son's system. She settled the case.  Her petition for approval of a final compromise stated the "toxicology report revealed high cannabinoid levels."

The complaint states Ms. Murry finally received a copy of the toxicology report.

Upon reviewing the documents. she discovered that the examination of the specimens submitted "did m,t reveal any positive findings of toxicological significance"" other than Etomidate, Diazepam, and Lorazepam. Those were the medications administered by the EMTs to combat his seizures on September 5, 2015 after he fell....

The autopsy report ruled that Kendrick Murry's cause of death was blunt head trauma.  Cannabinoid was not listed as a cause or contributing factor to his death.
 The plaintiff said Mr. Moore "misrepresented the truth to her cause her to settle the workers compensation claim for less" than she might have obtained in court.

The complaint charges the Grenada attorney with breach of contract, negligence/malpractice, fraudulent misrepresentation, and breach of fiduciary duty.  Adrian Murry asked for $100,000 in compensatory damages. She is representing herself.






27 comments:

Anonymous said...

"She is representing herself."

Many of us know the old legal maxim, "She who represents herself has a fool for an opponent..." Wait, that's not the maxim...but in the instant case, it ought to be.

Anonymous said...

Judging by the layout and content of the complaint, this woman has legal help in the background.





Anonymous said...

Obviously ole Carlos was not prepared for trial and decided he better bail out rather than be caught again with his pants down. Some poor suckers assume that there is a standard of practice required of all lawyers or they would not be allowed to represent clients. Same with doctors. Nothing could be further from the truth. Ole Carlos is just workin' his hustle. Why not?

Anonymous said...

The guy needs to be disbarred immediately.

Anonymous said...

Wonder if a bar complaint is pending

Anonymous said...

THE Best of Jackson 2019

Anonymous said...

Funny thing about this one - the Clown may have been right in that she should have settled; there would be no legitimate WC claim for him having a seizure at work and falling. Was not a work related injury, therefore no legitimate worker's comp claim.

But she might well have a good malpractice claim against the new President of the National Black Lawyers Assn for his misrepresenting the facts. Hope she wins; that way all the good guys come out ahead. Carlos pays for his clown-act, the company doesn't have to fight a ridiculous WC claim (although their carrier, and therefore their experience rate, has to pay an inappropriate $10k) and the woman gets a bonus benefit for hiring the clown in the first place.

Anonymous said...

"Judging by the layout and content of the complaint, this woman has legal help in the background."

Just to toss this out there, that might be an interesting albeit risky strategy. File pro se, let Carlos, well, be himself for the prelims, and then when the judge suggests the Plaintiff consider obtaining counsel, some shorenuf real highstepper needing a little pro bono work enters an appearance and uses Mr. Moore, Esq. for a pinata with his own previous filings.

Anonymous said...

The funny thing is that if Carlos was an advertiser or donor to this site, the public would never read about this event or his prior bad acts.

Disbar the mother humper said...

The clown is terrified of actually going to trial. He isn't a "trial lawyer," but rather a settle the case ASAP type of lawyer.

Anonymous said...

Attn 12:42 She very well could have a good malpractice suit against him, but he has proven numerous times that he will not pay, and there appears nothing the system can (or will) do to collect from him. If you want to assess blame, why not start with the Mississippi Bar association.

Anonymous said...

@12:42 your reading comprehension is skruggling. he fell and hit his head THEN had the seizures. I know nothing about it but envision him being on skates.

Anonymous said...

"The guy needs to be disbarred immediately."

Not likely for at least two reasons: 1. The defense bar (i.e., what passes for "biglaw" in MS) needs all kinds of Plaintiff's counsel to keep what's left of a sad gravy train lurching along, especially those who file things just this side of a very murky and fungible line, and 2. Moore knows that his shit don't stink any worse than a whole lot of white Mississippi attorneys on both sides of litigation and if the MS Bar gets snippy with him about his shenanigans, as long as he doesn't go waaaaay over the aforementioned murky line, he will holler "racism" and it will actually have some tinges of merit. And the MS Bar knows both 1 and 2 above.

Anonymous said...

12:42 PM
It's free because it's not worth a damn. You'd probably get better news from the bums in downtown.

Anonymous said...

1:45 is exactly correct ! ! The MS Bar in itself is a clown act. I wonder how many of them ride in the same car?

Thirty years ago I filed a formal complaint with the MS Bar Association against an ambulance/hearse chasing attorney for an unsolicited attempt to file suit against someone which I had no desire to do anyway for the death of our infant child. There was absolutely NO WAY this guy knew anything at all of the circumstances of the death other than to read the obit in the paper. The attorneys solicitation letter was in our mail box when we came home from our child's funeral. I never really understood who he wanted to file suit against. The Almighty I guess since the death was of natural causes.

The MS Bar Associations response was that the attorney had broken no laws therefore no action would be taken.

That one incident is what soured my opinion of attorneys. I feel the same way to this day because of one clown.

Anonymous said...

Defense attorney here who has had multiple cases opposite Carlos. Yes, he is hands-down the worst attorney in this state. Yes, he should face professional discipline charges for any number of his most recent shenanigans. Yes, he is a literal wart on the ass of this profession.

That being said, I love it when Carlos is on the other side. He's the perfect combination of lazy and stupid, so his cases never put my clients in any type of real danger and I get to bill the hell out of his ineptitude along the way. Its a win-win situation.

However, I am definitely cheering for the pro se plaintiff here--eventually his malpractice insurance premiums alone may keep him out of business.

Anonymous said...

MS Bar has the laziest investigators in the state, maybe the country. Hands down you will get not help if your attorney screws up

Anonymous said...

" he fell and hit his head "

Everybody shut up !!!!
I think I hear an ambulance.

I've got to chase it.

Anonymous said...

Do the investigators get envelopes full of cash delivered to their doorstep? They need law and order?

Anonymous said...

I hope she wins! Shame on Carlos and shame on those who support him!

Anonymous said...

He’s wanting $300 from his presidency assn and now settling for 3-4 stacks on a worker’s compensation death...
Wake up y’all! Dude is on dope. Probably good dope albeit, but nonetheless dope.

Anonymous said...

If the evidence supports the allegations of Moore's conduct with this client, and she files a complaint, I expect this may be the case that finally takes him out of the profession. I, like others, have wanted to see him brought to heel for all of his repeated jackassery. But, this is the type of misconduct that it takes for the Bar to move on a professional license, if a complaint is filed.

I agree that the complaint was clearly drafted by an attorney, and can only speculate as to why it was filed pro se. Maybe she first brought it to someone on the eve of the running of the statute of limitations, and they gave it to her to protest the statute, but wanted to do some due diligence before entering an appearance.

Or maybe the litigants are so difficult the putative attorney just gave her the pleading and told her to get out. An unreasonable person with a good case is their own worst enemy. I suspect that's what the comment at 12:13 is saying.

Anonymous said...

Claim is so ludicrous that a lawyer drafted the complaint but would not sign it.

She is pro se and this case will rot.

Anonymous said...

"Her petition for approval of a final compromise stated the 'toxicology report revealed high cannabinoid levels.'" The Plaintiff also asserts as fact that the tox report was clean and possibly that it was not even finished and available at the time of the petition. All of these are either easily and readily verifiable facts or they are not.

I've waited to see if anyone else noticed this. Apparently not. If - IF - the above assertions are true and Moore signed (or even can be shown to have drafted, advised, etc.) that petition, he has a problem. And as to the Defendant(s) in the original case, if - IF - it or they can be shown to have had knowledge that the toxicology report was clean or not even ready yet, it/they may have a problem as well. I can barely read the complaint - any mention of the previous Defendant(s) counsel or any possible role in this? Did they sign off on a false or non-existent tox report? Assuming any or all of it to be true, it sure clears a path for all sorts of interesting developments in the litigation.

Jesus, some in the MS legal community wonder why deep-pocket, at-risk Defendants bring in outside counsel to grade the locals' papers. This is why. Hell, if it weren't for local counsel rules and the (foolish-but-not-unwarranted) desire on the part of some corporate defendants for a little home cooking, a significant number of firms wouldn't have much work.

Anonymous said...

Looks like maybe Carlos was up early this morning, or perhaps still up from the night before.

Anonymous said...

Mississippi offers the public all the justice they can afford to buy and justice can be very expensive when the opponent is Boss Hogg or any of his friendly $upporters.

Anonymous said...

Another Workers’ Comp attorney here. I want to share a few things about how the law would apply in this type of situation along with how settlements are handled from a procedural standpoint.

A person may have a seizure at work for which the employer and their workers’ comp carrier will not be responsible for the seizure. However, if the person falls as a result of the seizure and sustains an injury to their head or other body part from the “impact” of the fall then the employer and comp carrier are responsible for the injuries. If someone is found to have illegal drugs in their system at the time of their work injury then the employer and workers’ comp carrier can deny the claim by raising the intoxication defense. The burden then shifts to the injured worker (referred to as “Claimant” in workers’ comp) to prove that their intoxication was not a contributing cause to the accident.

All workers’ comp settlements are required to be presented to the Mississippi Workers’ Compensation Commission for consideration of approval. All settlements require the signature of the injured worker and/or the deceased dependents, their attorney if represented, and an attorney for the employer and carrier.

The mother herself would have had to sign the Petition for Approval along with Mr. Moore. I would imagine that there has to be more facts to the story here as their would be no reason for Mr. Moore to concede a drug defense without having seen the toxicology report. Likewise, their would be no legitimate reason a workers’ comp defense attorney would state such a thing in the Petition without grounds as the Commission can require proof of the same. I’m not saying either of the above couldn’t happen, but it would be shocking for both attorneys to sign a pleading making a representation to the Commission concerning something that is totally not true.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.