Thursday's Internet Edition, September 02, 2010.

David Boothe essentially represented himself during a Monday hearing in Roane Circuit Court before Judge Tom Evans. Boothe had filed suit against Dollar General Stores after he fell over a pallet he said was left in an aisle of the Spencer store.

Boothe said he suffered broken ribs, lacerated lips and a fractured nose in the Dec. 23, 2006 incident. He was treated in the emergency room at Roane General Hospital and had medical expenses of nearly $1,200.

Boothe filed suit against the store in December 2008, one day before the statute of limitations expired. He was represented by Summersville attorney Clinton Bischoff, who was also his counsel for a mediation session last month when Boothe signed a written agreement to drop his claim in exchange for $7,500.

In a motion he filed himself, Boothe asked Evans to set aside the agreement because he was “coerced” into signing. Boothe said Bischoff told him the day of the mediation that he would no longer represent him.

During Monday’s hearing, Bischoff shared a table with Boothe opposite Duane Ruggier II of Charleston, attorney for Dollar General. Ruggier denied any coercion and had asked Evans to deny Boothe’s motion. Bischoff was still counsel of record for Boothe, although it was clear the two were at odds.

“I’m outgunned here,” Boothe said. “I’m representing myself against two attorneys, apparently.”

Ruggier argued that Boothe had signed the agreement of his own free will.

“There was a very clear agreement to settle the case,” Ruggier said. “It was very generous, more than a reasonable amount.”

Boothe testified that he did not have adequate representation before going to mediation. He also said Bischoff failed to include all the information from physicians necessary for proving his case. At mediation, Bischoff pressed him to sign, Boothe said.

“It was as if, ‘you’d better take the mediation and I’m not ready for no trial,’” Boothe said of his attorney. He said Bischoff jumped up and down “like a cheerleader” and urged him to take the $7,500 offer. “They finally wore me down,” Boothe said, adding that he believed the sessions would be over by a certain time when mediator John Curry had to leave for another appointment.

Boothe added that he thought the agreement called for the check to be mailed to him on July 19. When it failed to come, he said he considered the agreement to be canceled.

The 63-year-old Boothe said he has leukemia, prostate cancer and post-traumatic stress disorder relating to a bank robbery two years ago when a straight razor was held to his throat. He said medication has recently helped alleviate persistent nightmares. Now on disability, he said he still has problems with his ribs related to the Dollar General fall.

Under questioning from Ruggier, Boothe said he was aware he was signing the agreement.

“I was upset and didn’t read far enough,” he said. “I knew I was signing it, but I was in a corner with no way out.”

When Bischoff got his chance, he noted that the agreement was “extraordinary” for a “trip and fall case” and was 6.4 times the amount of medical expenses.

“Mr. Boothe has a different outlook on what is reasonable,” he said.

Bischoff also contended that Boothe suffered no broken ribs, but a separation of ribs instead. He added that Boothe had told him before mediation that he thought the case was worth $100,000.

“I told him I couldn’t help him recover $100,000,” Bischoff said. He said Boothe changed his mind on the value of the case and mentioned $60,000 on the day of mediation. Boothe’s list of medical problems added to his client’s displeasure with his performance, Bischoff said.

“I believe Mr. Boothe projected a lot of other things in his life onto me,” he told the judge.

Boothe said he had never said he hoped to receive more than $25,000 from the case. Over his attorney’s objection, Boothe submitted documents Evans said confirmed that Boothe had fractured a rib. Bischoff said he had never seen the documents.

In his ruling, Evans said the agreement was not enforceable because of coercion. He said the ruling does not suggest anything unethical on the part of the attorneys involved.

“He agreed to this settlement because he felt he had no choice,” Evans said. “It seems to me the essence of coercion.”

Evans granted a request by Boothe to remove Bischoff as counsel, but said Bischoff could place a lien on any monies received from the suit in order to recover his fees. Boothe had asked that Bischoff not be paid.

Evans gave Boothe 45 days to secure new counsel and set Oct. 21 at 10:30 a.m. as the date to schedule a trial in the case.