‘Bizarre’ case pits South MS lawyer against two women with same name. He had one arrested
An Ocean Springs attorney had a client arrested for theft after she cashed an $18,500 settlement check that she thought was intended for her, according to lawsuits filed over the situation.
Ocean Springs attorney Jay Foster is being sued in federal court by his legal malpractice insurer and in two state courts by women who are both named Dorothy Anderson.
One Dorothy Anderson lives in Hattiesburg and says she retained Foster to represent her on a workers’ compensation claim. The other Dorothy Anderson, who also had a workman’s compensation claim, lives in Greenwood and swears in writing that she wasn’t his client.
But Foster insists in a legal filing that he was, indeed, representing Greenwood Anderson.
The litigators suing Foster have described the case as “bizarre” and “extraordinary.”
National Liability & Fire Insurance Co., Foster’s legal malpractice insurer, says that “based on its investigation and Mr. Foster’s refusal to cooperate therein — the insurer is forced to conclude that Mr. Foster has not told the truth regarding who was and who was not his client.”
The insurance company has filed a lawsuit against Foster and his firm in U.S. District Court in Gulfport, asking that it be absolved from covering any malpractice awards because of Foster’s “misrepresentations,” or false statements that void coverage.
Foster’s attorney, Rick Tubertini of Gulfport, said in a statement emailed to the Sun Herald: “This was an unfortunate situation involving a mix-up in the workers’ compensation commission’s electronic docketing system, which caused settlement proceeds to be paid to the wrong person who refuses to return the money.
“Mr. Foster reimbursed the settlement funds to the employer’s insurance company out of his own pocket and reported it to authorities, as he had a duty to do.”
Workers’ comp case settled
According to Hattiesburg Anderson’s lawsuit, Foster agreed to represent her in October 2020, after she injured her shoulder while working at Bedford Care, a skilled nursing facility in Hattiesburg. The lawyer sent her emails about the case from 2020 until November 2022, when a settlement was finalized, her lawsuit says.
She drove to Foster’s office in Ocean Springs to pick up her check, signing in the places that had been marked, as instructed, her lawsuit says.
“In other words,” the lawsuit says, “Ms. Anderson had no reason to suspect that the settlement documents did not pertain to her case, or that her attorney had negligently failed to realize that he had prepared, signed and submitted documents on behalf of the wrong person, i.e., the Dorothy Anderson in Greenwood.”
Foster responded that Hattiesburg Anderson should have realized the documents she signed did not apply to her. They addressed the case of Dorothy Anderson of Greenwood, who worked at America’s Catch Inc.
The insurance company says in its federal lawsuit that Foster must have signed into the workers’ compensation computer system, searched for Dorothy Anderson and come up with the wrong woman. Had he reviewed records in the case, the lawsuits say, he would have realized his mistake.
Greenwood Anderson suffered different injuries at America’s Catch Inc., a catfish processing operation in Leflore County, where Greenwood is located. She had injured both shoulders, her neck and her “body as a whole” from repetitive lifting of boxes and overhead work, the insurer’s lawsuit says.
As part of the settlement, Greenwood Anderson was to to resign from her job. She had worked at America’s Catch for more than 27 years, court records say.
Hattiesburg, Greenwood women seek damages
Having been cleared to return to work after a final surgery, Greenwood Anderson showed up at America’s Catch in November 2022, only to be told that she had agreed as part of the settlement to give up her job. At America’s Catch, her lawsuit says, “she was a well-respected and valued employee.”
This was the first time that Greenwood Anderson had heard of any settlement.
Her attorneys eventually convinced America’s Catch that Greenwood Anderson had not agreed to a settlement, court records say, but she felt unwelcome at the job and quit.
Foster was “rude” to her and her attorney when they attempted separately to talk to him about the mix-up, court records say. Foster tried to force her to accept the $25,000 settlement, her lawsuit says. She refused and wound up getting a much higher amount, her sworn written statement says.
As for Hattiesburg Anderson, she was arrested for theft, records in her lawsuit show. She wound up being indicted but the case was eventually dismissed without being prosecuted.
Hattiesburg Anderson accuses Foster of gross negligence, breaching the standard of care, infliction of emotional distress, malicious prosecution and civil fraud. In her case, filed in Leflore County Circuit Court, Greenwood Anderson says Foster was grossly negligent and displayed “complete disregard to the interest of others,” including her.
Both women are seeking unspecified amounts in compensation and punitive damages.
A bar complaint was filed against Foster, the insurance company’s case shows, but it has been sealed from public view. Complaints are generally filed with the Mississippi Bar Association.
This story was originally published October 21, 2024 at 5:00 AM.
