If true, this lawyer deserves the award for the most moxie. According to a recent San Antonio Express News report, Andrew Toscano in effect represented both sides to a lawsuit. In a personal injury lawsuit, R.D. Galvan and Luciano Morin sued the Chili’s Restaurant chain after the two men were in an automobile wreck. The two had consumed alcoholic drinks at the restaurant shortly before a one-car accident. Mr. Galvan was supposedly represented by Michael De La Paz. He thought he was suing the restaurant. But, in reality Mr. Galvan had sued and then been counter-sued by his friend, Luciano Morin.
The restaurant is in Pleasanton. Yet, the suit was filed some 150 miles away in Duval County, one of the places personal injury lawyers love to file suit.
Mr. Toscano denies ever having represented Mr. Galvan. But, Mr. Galvan says he signed a contract hiring the Toscano law firm. Michael De La Paz shared office space with Mr. Toscano at the time. Mr. Galvan’s current lawyer believes Mr. Toscano and Mr. De La Paz cooked up this scheme to file the suit in Duval County and extract money from Chili’s and Mr. Galvan’s insurance company. Mr. Galvan’s new lawyer says the worst part was that representing Mr. Morin, Mr. Toscano claimed in legal pleadings that Mr. Galvan was driving the company truck. Yet, the police report and Mr. Galvan’s own statement said Mr. Morin was driving the truck.
Eventually, Chili’s settled the claim that it had served the two men too much alcohol for $300,000. That money is now being held in the registry of the court and is being disputed.
Yes, these things really do happen.