AppId is over the quota
AppId is over the quota

Posted on Sep 28, 2011

A case that was about to set a record with a combined verdict of over $10 million in a wrongful death case hit some snags when it was exposed that one of the victims, Isaiah Lester, posted Facebook photos that indicated he mispresented the extent of his injuries.  His attorney, Matthew B. Murray, a partner at Richmond-based law firm Allen, Allen, Allen & Allen, was shown to have knowledge of these photos and to have deliberately concealed evidence.

With the verdict being dramatically cut by Judge Edward L. Hogshire, Murray's firm is now busy trying to stem fees claimed by the defense firm for Allied Concrete, Patten Boggs.

The two primary issues lie in determining whether the Allen firm is held responsible for the misconduct of Murray, who they claim "acted alone and outside the scope of his employment."

However, this was countered by Benjamin G. Chew, counsel for the concrete company.  He believes that the actions of Murray were "within the course of his employment."

Besides that debate, there is also a struggle going on between the two parties over what could amount to a $900,000 bill for attorney fees for Allied's lawyers.  Chew brought in Charlottesville lawyer J. Brian Jackson, who said that he regularly charges $475 per hour for high profile cases like the one involving Lester.  At that rate, the attorney's fees would indeed come out to the $900,000 requested in sanctions by the defense.

Murray's counsel countered this argument by presenting Richmond lawyer Gary A. Kalbaugh Jr. who said he charges a rate of $185 per hour.

These wildly different rates will be the cause of debate as the case moves forward, with the attorneys for Lester and Murray getting the last word, with 10 more days to file any extra materials. 

Read More About Defense Seeking $900k Fee Request in Charlottesville Death Case...

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