CHARLESTON - Phillips Construction is suing Daniels Law Firm after it claims the law firm was negligent in its conduct during litigation.
Norman T. Daniels Jr. was also named as a defendant in the suit.
A lawsuit was filed against Phillips Construction by a former employee, Jeff Yeager, regarding injuries suffered at a job site and Phillips hired and retained Norman T. Daniels Jr. and the Daniels Law Firm for defend Phillips in the litigation brought by Yeager, according to a complaint filed May 16 in Kanawha Circuit Court.
Phillips claims it also retained the defendants to defend its employee, Danny Freeman, who was accused of "committing violent acts with an excavator," which caused Yeager's injuries.
Due to Freeman's conduct, the interests of Freeman and Phillips were adverse and resulted in an inherent conflict of interest, according to the suit.
Phillips claims at the time of Yeager's accident, Phillips was insured under several insurance policies and specifically requested and reasonably expected insurance coverage that included a defense and indemnification of Yeager's claims, however this coverage was denied.
The defendants agreed to perform all legal services necessary to defend and protect the assets of Phillips, however, the defendants did not file a declaratory judgment action or other litigation to enforce coverage under the insurance policies or for the other causes of action available as a result of the wrongful denial of coverage, according to the suit.
Phillips claims the defendants also failed to provide competent legal representation in defending the Yeager litigation.
The defendants had a duty and responsibility to provide competent legal representation in defending the Yeager litigation and pursuing claims for insurance coverage, according to the suit.
Phillips claims it placed trust and reliance in the legal advice, skill and ability of Daniels and his firm and reasonably expected the defendants to provide service consistent with the representation made as an inducement to retain their services.
The defendants negligently, carelessly and recklessly failed to properly investigation the insurance coverage issues and to pursue claims that would have resulted in the defense and indemnification of the Yeager litigation, according to the suit.
Phillips claims as result of the defendants' negligence, it incurred substantial legal fees and expenses and had to pay a judgment of $400,000.
Phillips is seeking compensatory and punitive damages with pre- and post-judgment interest. It is being represented by James R. Fox of Fox Law Office PLLC.
Kanawha Circuit Court case number: 14-C-909