SOSSI SUED FOR LEGAL MALPRACTICE, FRAUD IN LAWSUIT

By Juan Montoya
The contract attorney in charge of drafting the City of Brownsville's code of ethics has been sued for legal malpractice in district court.
Mark E. Sossi, a private attorney hired by the city at $120,000 per year, has been sued by Oliveira Middle School teacher Jesus Abete Jr. who alleges in his petition filed Wednesday that Sossi lied to him and misled him after he contracted him to represent his interests after he was severely injured as a result of a vehicular collision.
According to the complaint filed in the 357th District Court, Abete was involved in an accident on Jan. 2, 2009 and the other driver was cited by the city police for failing to yield the right of way. The cited in the accident at the time held a valid policy with Farmers Insurance. Abete hired Sossi on Jan. 8 to represent him in a claim for damages for his injuries for which medical care costs exceeded $27,339.

Abete claims in his lawsuit that he "duly signed a contract" with Sossi and that the attorney signed the contract to represent him to recover legal damages sustained as a result of the accident. The Oliveira Middle School algebra nd math teacher also claims that Sossi represented to him that hte case was timely filed in court.

"In the ensuing months, (Sossi) repeatedly lied to (Abete), and misrepresented the true facts of the underlying lawsuit to (him). The truth is that (Sossi) never filed suit on behalf of Abete, and by law, suit had to be filed before the statute of limitations expired. The statute of limitations is two years from the date of the accident (January 2, 2009) Jan. 8, 2011. If the suit was not filed by then, (Abete's) rights would have been forever extinguished," the lawsuit states.

"(Sossi) failed to file (Abete's) suit," it continues. "Now that the statute of limitations has expired, (Abete) is forever barred from recovering damages for the serious personal injuries he suffered in the (crash).

"In addition to the injuries he suffered in the collision, which he is now forever barred from recovering damages for, (Abete) has suffered mental anguish over the ongoing deceit perpetuated upon him by (Sossi) herein."

Abete, who also coaches the Oliveira girls' volleyball and soccer teams, says in his lawsuit that he can prove that Sossi:

* engaged in conduct, acts, and omissions below acceptable professional standards;

* engaged in conduct, acts, and omissions below standards of good and workmanlike legal services;

*was negligent;

* breached a warranty implied in law of good and workmanlike legal services;

breached an express warranty of competence and skill to handle this type of case;

*breached an implied warranty of competence and skill to handle this type of case;

*committed acts and omissions of professional negligence;

*breached his contract to represent plaintiff in a skilled and competent manner; and

*committed fraud.

Specifically, Abete claims that Sossi failed in his duties:

*in failing to timely file a lawsuit in a court of competent;

*in failing to request the issuance of citation at the time the lawsuit was filed;

*in failing to obtain service on the defendant in the underlying personal injury lawsuit;

*in failing to exercise due diligence in the issuance and service of the citation in the underlying lawsuit;

*in failing to exercise ordinary care, as a reasonable prudetn attorney would have done under the same circumstances.

Had Sossi not failed to perform his legal duties as mentioned above, Abete claims that "his personal injuries was a meritorious claim for which the (diver), and his insurer in the ...(lawsuit)...were liable. (Abete's) injuries sustained in the automobile collision were serious, permanent, and disabling. It is reasonably foreseeable and highly probable that a jury, upon hearing that all the evidence properly presented, would have rendered a substantial and fair verdict, but for (Sossi's) negligence and conduct in the handling, investigation, preparation and (non) filing of the case."

Abete's lawsuit also claims that (Sossi's) conduct rose to the level of malice under the laws of the State of Texas, (and his cations)...when viewed objectively at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which (Sossi) had actual, subjective awareness of the risk involved but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others. Plaintiff requests punitive damages to be awarded in an amount in the sole discretion of the trier of fact, which will deter this type of abhorrent conduct in the future."

Abete asks the court for a judgement against Sossi to include:

*actual damages;

*pre-judgement interest as provided by law;

*punitive damages;

*interest on the judgement at the highest legal rate;

*attorney's fees;

*costs of court; and

*Such other and further relief to which plaintiff may be justly entitled.

Attorney Peter Zavaletta filed the lawsuit on behalf of the Oliveira Middle School teacher. Neither he nor Abete responded to requests for comment on the case. It is unclear whether Sossi has yet been served in the case.