WEST VIRGINIA RECORD

CHARLESTON – A Virginia couple that alleges a prominent Charleston attorney failed to properly represent them in a flood case has filed emergency motions to preserve evidence and to stop harassing witnesses.

James F. Humphreys and his firm James F. Humphreys and Associates LC are the defendants in a complaint filed Sept. 11 by Ira Calvary Horne and Mavis Horne in Kanawha Circuit Court.

The Hornes, who live in Cedar Bluff in Tazewell County near Bluefield, claim Humphreys and his firm “failed completely” to pursue claims that their home and property were damaged by flooding and rains resulting from Hurricane Camille in July 2001.

The Hornes say the damage to their home and other structures “were made significantly more severe due to the prior disruption of terrain caused by construction related to the Tazewell County Airport” located near their property.

On Sept. 25, the Hornes filed emergency motions “to preserve all relevant file materials,” “to require production of plaintiffs’ entire file” and “to preclude defendants and their agents from intimidating and harassing witnesses.”

In the Sept. 25 motions, the plaintiffs claim “the defendants now have exacerbated the circumstances substantially by failing to assure plaintiffs’ counsel upon repeated requests that all relevant file materials will be preserved; by failing to turn over the entire file of the plaintiffs upon repeated requests; and, through their agents, by intimidating and harassing one or more former employees of the defendants who are witnesses to the events surrounding the defendants’ representation of the plaintiffs.”

The motion for relief is “simple,” according to the filing, and “not in any way harmful to the defendants.”

“The plaintiffs have good reason to be concerned about whether these materials will be preserved, in part because when they sought assurances through their counsel from counsel to the defendants that the materials would be preserved, no such assurances were forthcoming,” the motion states.

It says there are no copies of known written communications to the Hornes. In addition, it says Humphreys’ firm has repeatedly, “persistently and aggressively” called a former employee who has facts about the case “to persuade the witness to conform her views of the facts in this matter to be consistent with the position of the defendants in order to protect them from potential liability.”

In 2002, the Hornes approached Humphreys about representing them in possible flood litigation. Soon, they retained the firm to represent them in a case against the Tazewell County Airport Authority and others for flood damage.

“In undertaking the representation of the plaintiffs for the claims … the defendants accepted the duty and responsibility to pursue the plaintiffs’ claims competently and promptly, and to keep them advised of the progress of the attorneys in asserting the plaintiffs’ claims,” the complaint states.

“Rather than comply with the obligations they had undertaken, the defendants herein failed completely to pursue the claims of the plaintiffs … in a legally cognizable or timely manner … including never having filed any legal claims or actions in the Commonwealth of Virginia on behalf of the plaintiffs.”

The Hornes go on to claim the defendants, in 2006, attempted to attach the plaintiffs’ claims to mass flood litigation in West Virginia on behalf of flood victims in the Mountain State who were harmed allegedly by activities of coal and timber companies.

The “West Virginia legal action had nothing whatsoever to do with the claims of the plaintiffs, or other individuals similar situated, arising in Tazewell County, Virginia,” the complaint states. “Rather, the West Virginia legal action applied only to property and claims arising in West Virginia and suffered by citizens of … a seven-county area.”

“The activities of the defendants and their agents … were a sham and constituted an improper, futile and fraudulent maneuver to give the impression that they were pursuing claims of the plaintiffs in some manner, when in fact they were not,” the complaint continues. “There was no reasonable, rational basis or substance to their actions.”

The claims of Horne and other Tazewell County residents were dismissed in West Virginia in April 2006.

The Hornes also say the defendants failed to keep them informed about their case and “fraudulently misrepresented” that the claims were being pursued.

“Such conduct … involved a continuing fraudulent scheme to mislead and lie to the plaintiffs, and included not only responding to plaintiffs’ inquiries addressed to the defendants through their agents, but also seeking out and personally visiting the plaintiffs purportedly to assure them that their claims were being handled properly and that there ultimately would be some recovery for them when in fact that was blatantly false.”

The Hornes say the only recently learned on Aug. 6 that Humphreys and his firm hadn’t pursued any claims and that they had misled them.

Charleston attorney Rod Jackson, who is representing the Hornes, called Humphreys actions “egregious.”

“I’m ashamed to be a lawyer when there’s somebody acting like this,” Jackson said last week when the complaint originally was filed. “We can back these allegations up. I don’t file complaints that I don’t think are warranted. I’m 67 years old. I’m too old for that.”

The Hornes say they have suffered damages “in a myriad of ways,” including inability to recover the property and related damages and losses, humiliation of “being treated disrespectfully and in an unethical and improper manner” and the outrage of being purposefully lied to by the defendants and treated as “insignificant individuals who did not deserve even a modicum of honesty and fair dealing.”

In addition to the destruction and diminution of their property, Ira Horne also cites the inability to use woodworking equipment irreparably damaged in the flood to earn income from cabinetmaking.

The Hornes allege negligence, breach of fiduciary duty, fraud, misrepresentation, unjust enrichment, restitution and disgorgement of profits. They seek compensatory damages and punitive damages for the defendants’ “intentional, purposeful, reckless, fraudulent and reprehensible” gross misconduct as well as attorney fees and court costs.

Humphreys, a prominent asbestos plaintiffs attorney, is a former member of the West Virginia House of Delegates and state Senate. He also ran for the U.S. House of Representatives in 2000 and 2002, losing to Shelley Moore Capito both times.

Jackson said he has heard that at least 20 other people received similar treatment, but that none of them are his clients so he doesn’t know if other similar suits will be filed against Humphreys.

Jackson also said a complaint against Humphreys will be filed with the West Virginia State Bar sometime soon.

The Horne’s case has been assigned to Circuit Judge Paul Zakaib.

Kanawha Circuit Court case number: 14-C-1684