CHARLESTON - A Kanawha County attorney is being sued by his former clients who claim he failed to file their lawsuit within the statute of limitations period.

Dayton Price and Suzan Price named Stephen P. Swisher as defendant in a lawsuit filed April 11 in Kanawha Circuit Court.

The Prices were married at the time, but are currently separated.

According to the suit, Swisher was retained by the Prices after Dayton Price was in an accident at the Lowe's store in Nitro on April 15, 2003.

"Despite being cognizant of the date of Mr. Price's injury, (Swisher) failed to effectively preserve and/or pursue plaintiffs' underlying claims by filing a civil action for such claims within the applicable statute of limitations period," the suit states.

The Prices claims Swisher did not file the suit in an attempt to conceal or erase the error to further their detriment, the suit says.

Dayton Price and Suzan Price, through current attorney Scott Caudill, claim they have suffered losses as a result of professional malpractice, and seek compensatory and punitive damages to help cover their losses.

The case has been assigned to Judge James Stucky.

Kanawha Circuit Court case number 07-C-704

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