West Virginia Record

Friday, January 24, 2020

Mother, son sue law firm for legal malpractice

By Kyla Asbury | Jan 18, 2017

General court 4

WHEELING – A mother and son are suing a Pennsylvania law firm they claim was negligent and committed legal malpractice during the course of two lawsuits.

Willman & Silvaggio LLP; Joseph Silvaggio and Terrance Heane were named as defendants in the suit.

The defendants represented Dante Camastro and Mary Camastro in two lawsuits involving property damage and personal injuries sustained due to an alleged defective roof installation, according to a complaint filed Nov. 15 in Ohio Circuit Court and later removed to federal court.

Mary Camastro and Vince Camastro, their son, claim the defendants continued their legal representation until Nov. 10, 2014, when Dante Camastro and Mary Camastro refused to settle their lawsuits and the defendants withdrew as counsel.

The defendants owed the plaintiffs a duty of reasonable care and prudence to exercise competence and skill to promote the best interests of the plaintiffs, according to the suit.

The plaintiffs claim the defendants breached the duty of owed care and failed to exercise the degree of skill and learning commonly applied under all circumstances in the community by the average prudent reputable member of the legal profession by committing numerous negligent acts and omissions.

The defendants’ actions caused the plaintiffs and their new counsel to expend in excess of $64,000 in pre-trial expenses because the plaintiffs’ case had not been developed by the defendants, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are representing themselves.

The defendants are represented by Bethann R. Lloyd and Erica A. Cross of Cipriani & Werner.

U.S. District Court for the Northern District of West Virginia case number: 5:16-cv-00186

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Organizations in this Story

Willman and SilvaggioCipriani & Werner, P.CCipriani & WernerU.S. District Court for the Northern District of West Virginia Wheeling Division