Subway Hero Sues His Lawyer

Claims She Tricked Him Into Signing Contract He Believes Is Unfair

(AP)  A quick-acting commuter who became an instant hero after saving a teenager who fell in front of an oncoming subway train has sued a lawyer he says manipulated him into signing an unfair, one-sided contract.

Wesley Autrey Sr. says in court papers he signed the contract Feb. 12 without reading it, agreeing that lawyer Diane L. Kleiman would represent and advise him in financial and other matters stemming from his subway heroism.

Autrey, a 50-year-old Bronx construction worker, says in court papers that the contract is "a one-sided agreement" he was induced to sign by "fraud" and that it gives the lion's share of everything he earns to Kleiman and her business partner, Marco Antonio Esposito, operator of an entertainment production company.

Autrey's lawsuit asks the court to declare the contract void.

Kleiman, a former prosecutor, denied on Monday that she had cheated Autrey. She said Autrey and several family members read the contract after keeping it for several days.

"Somebody made him a better offer," Kleiman said, speculating on why Autrey wanted to get rid of her. "They (Autrey's family) are playing people off against each other."

Autrey's lawsuit, filed Friday, says the contract gives Kleiman and Esposito exclusive rights to exploit his name and reputation and gives them ownership of intellectual property rights to his story.

The contract also gives Kleiman and Esposito the right to receive all gross receipts from commercial exploitation of Autrey's name and to keep half those receipts, whether or not they helped generate the money, court papers say.

Autrey must give up his right to a trial by jury in any dispute with Kleiman and instead go to arbitration, in which he could be required to pay her legal fees, court papers say.

Autrey grabbed public attention on Jan. 2, 2007, after Cameron Hollopeter, a 19-year-old student at the New York Film Academy, suffered a seizure and fell onto the subway tracks at the 137th Street/City College station.

Standing on the subway platform with his two young daughters and scores of other commuters as a train approached, Autrey saw Hollopeter convulsing on the tracks. He jumped down and pulled the teen into the 12-inch-deep drainage trough between the tracks and lay on top of him as the train passed over their heads.

The train grazed the top of Autrey's hat, and he and Hollopeter remained under a car for 20 minutes while MTA workers shut off the electrified third rail.

At a dinner for notable New Yorkers at The Waldorf-Astoria hotel on Feb. 5, Kleiman introduced herself to Autrey's 33-year-old son and said she was available to be his father's lawyer, court papers say.

Autrey said Esposito presented him the contract in Washington, D.C., on Feb. 12, shortly before he was to go to the White House and meet President Bush. He said Kleiman had already signed it. He said he felt pressured, and he signed.

Kleiman said the Autreys had contacted her to represent them "and now they're portraying us in a bad light. We're out of pocket thousands of dollars and have not charged them anything."

"If they had just let me know they didn't want me to represent them, then we could have sat down and talked," Kleiman said. "I don't want to represent anyone who doesn't want to work with me."

Autrey's new lawyer, Barbara Mehlsack, said she would have no comment on the case.

[kailumego1]

This man did something 99.9% of the people in America or worldwide wouldn%u2019t have dare attempted to do and some of you have the audacity treat so trivially.

The inane, repulsive and insidious remarks made by smb221 and some of the others have clearly demonstrated how low someone will stoop to defame another's character.

And what's morally disgusting this individual wouldn't have risked his life in this manner if it had been a family member, but to disgrace this good man for his unselfish deed. Go crawl back under your rock.

[kailumego1]

I%u2019m quite sure money was not a motive when he risked his life, however, if sponsors want to capitalize on his %u201Cgood deed%u201D offering him lucrative deals why the HELL NOT?????

Some of you greedy thoughtless I don%u2019t give a dam about anyone other than myself would have jumped leaps and bounds at the offer.

%u201CHollywood%u201D has made millions reenacting ridiculous stories, which merits don%u2019t even compare to this man%u2019s deed and the majority of you sit back and watch.

So, why not a real life story with some %u201Cteeth%u201D that displays the absolute goodness in us all as oppose to the overly-dramatized sensationalism showed down our throats.

For example, I%u2019m quite sure Hollywood will jump at the chance to create a made-for-movie about Anna Nicole%u2019s life story, and add it to the gruesome stockpile of overly-dramatized stories, i.e. Jon Be net, Lacy Peterson, Shante and Kitty Kames, etc, etc, etc,.

However, some individuals here have the audacity to belittle this man because he has been approached with movie deals and endorsements, you people need to take your head out of you%u2019re a@@.

The president of the United States should be offering him a metal of heroism along with a lucrative job.

I wonder if those who so vehemently oppose him being compensated would have strongly vocalized it if he had been WHITE. And yes I said it and don%u2019t give a dam who doesn%u2019t like it.

[agnim]

Obviously this lawyer witch is another thief who ducked under the 'bar'!

It's a shame that one can't trust a lawyer to be an upstanding person.

I'm sure if that if the deal was fair and reasonable this HONORABLE guy would never fuss.

[randalds]

Why do lawyers always wear a necktie?

It keeps the foreskin from constantly slipping up over their head.

[trumpthumper]

Hey Newster1...

What the heck news were you reading? Try to get your facts straight before you decide to knock somebody for doing the right thing.

Autrey didn't think about compensation when he risked his life to save a stranger. It was a split second decision that I'm not sure I would have done. He was totally self-less. He saved a life, and not the one you tried to describe. Read the NEWS before you nickname yourself
"newster1". How embarrassing for you...newster, indeed! lol - phhtt!

[whatithink-2009]

Smb221 wrote:

"But READ a contract before you sign it! "

- Best advice anyone can give another.

[smb221]

whatithink, that is true. Plus, if someone gave me money for it, I'd probably take it too. But READ a contract before you sign it!

[whatithink-2009]

smb221,

This guy is poor and has two small children. He deserves to be rewarded. It wasn't like he was standing there waiting for someone to fall off the platform. If you want to talk about greedy b@stard, let's talk about this Saudi prince billionaire who wants to lay off a lot of people at Citigroup because his profits will not be high enough.

[processor2]

a joke:

Question: What's the difference between a lawyer and a catfish?

Answer: One is a bottom crawling scum-sucker, and the other is just a fish.

...

[whatithink-2009]

newster1,

He didn't pull her up, he jumped on top of a young man and held him down in a narrow opening while a subway train ran over the both of them. I'm not sure how willing you'd be to do the same for a strange. It's very easy to put someone down anonymously over the internet. It is very hard to do something truly heroic. There are plenty of people in Washington who have done nothing worth their salaries. I truly hope that he is rewarded for his spontaneous act.

[smb221]

It was a guy, not a girl. And he didn't pull him up. He laid on top of him while the train passed over them. But I do agree with you that even though he did a heroic thing, he's being a greedy b@stard.

[crystalblue3]

He did more than that, newster...go back and read the original article.

Would you do what he did, faced with that split-second decision? I'm willing to bet you wouldn't. And I don't mean any disrespect...because I wouldn't have the guts to do it myself!

[whatithink-2009]

bellamafiosa,

I'd rather concentrate on his heroism than on who's Anna Nicole's baby's daddy. Our children should learn lessons from the former not the latter.

P.S. He was also a hero in Vietnam.

[trumpthumper]

To Connapa...I'm sure Mr. Autrey didn't do the math when he was standing on the platform and had to decide RIGHT NOW to save a life or turn away. His comments about not doing it for money or fame were obviously true. Thankfully, he did it spontaneously simply to save someone's child. Hopefully a stranger will do the same for your family or mine someday. And after the deed is done I will not question any compensation that comes his way. I'll just shake the hero's hand and say thank you very much. Autrey has earned my respect - and I hope a few dollars for his time and trouble.

[connapa]

I thought that this guy didn't care about money or fame. Why, then, is he complaining?

[trumpthumper]

It's quite apparent that Mr. Autrey has become famous by making a split second decision. But that tactic should never be made in the presence of an attorney. They feed off of the pressure they can bring to bear on their clients and their adversaries. I'm surprised that he didn't come face-to-face with a lawyer when he landed in the drainage trough. I believe that's their preferred environment. God Bless You Mr. Autrey for your spontaneous heroics. If lawyer Kleiman and her boss have one shred of humanity in them, they will tear up the contract. Word to the wise Mr. A....keep an eye on your new lawyer too. I'm sure you now understand why that profession is so reviled. Look up "lawyer" in the dictionary, and it will say..."see pond-scum". Let him go Kleiman...let him go. He's a hero. He deserves better.

[bellamafiosa]

This is America. Every person is out there working for his or her own benefit. As for this heroic deed...it was great. Unfortunately, after hearing about it since the State of the Union, I am tired of listening to this man live on the glory his actions have brought him. Besides, why should we concentrate on the heroism of this one man when there are thousands of troops giving up their lives for an unjust cause.

[jane5190]

This is a GREAT story because Mr. Autrey is no less the hero than he has ever been (although, please at least try to read contracts in the future, Mr. Autrey...) and now literally MILLIONS of New Yorkers will know to STAY AWAY from Diane Kleiman. Does this story make her sound like a bottom feeding, unethical piece of #$%@? You bet it does. Maybe you should just forfeit the "thousands" you spent preparing this rag you call a contract and try to save whatever reputation you might have had, Ms. Kleiman. In the meantime, New Yorkers should go elsewhere for their legal needs. You don't need the likes of Diane Kleiman!

[jabberwock11]

"if you've ever been at a closing for buying a house, they shove so many papers in front of you to sign, if you read every word, it would take a days to get though it all!"

On top of that the papers you sign don't really protect you much. I signed an offer when I was buying a house with a loan percent contingency. No one would loan on the house for contractual rate because it was not on the grid and had solar power. But still the sellers refused to release our $10K from escrow even though it was in the contract. We ended up going to arbitration and eventually we settled for 7K of it just so we wouldn't have to deal with it any more. My only consolation is that the sellers spent 10K on lawyer fees to get our 3K while we filed all the legal papers ourselves. The lesson I take from this is DO NOT hire a lawyer unless you absolutely have to.

[l8c6]

processor2, that must include our Bush appointed attorney general.

BTW, have you heard of the following? With we the people electing representatives who pal up with such organized crime, how can we expect any aspect of our country to be ethical?

Jack Abramoff
Bob Ney
Tony Rudy
David Safavian
Michael Scanlon
William Heaton
Neil Volz
Roger Stillwell