CHARLESTON – A woman is suing Michael Martin & Associates and its named attorney for breach of contract.
On Aug. 24, 2007, Sara B. Rogers was involved in an automobile accident in Kanawha County and she was found not to be at fault for the accident, according to a complaint filed Jan. 12 in Kanawha Circuit Court.
Rogers claims she was injured in the accident and on Aug. 18, 2009, she retained Michael Martin & Associates to recover the damages she suffered.
On Aug. 24, 2009, Michael Martin filed Rogers' complaint and although the complaint was filed in a timely fashion, the defendant in the automobile accident, Crista LeeAnn Graley, was not served within 120 days, according to the suit.
Rogers claims because Graley was not served within 120 days, her complaint was dismissed on March 18, 2010.
The defendants never informed Rogers that her case had been dismissed and two of the law firm's employees, Rose and Shellie, kept telling Rogers and her daughter that they were waiting on medical records, according to the suit.
Rogers claims this communication with employees of the defendants continued over the next four years until Rogers' daughter contacted the Kanawha County Courthouse on May 19 and learned that the case had been dismissed in 2010.
The defendants were negligent and breached their reasonable duties to Rogers and engaged in reckless, outrageous, willful, wanton and malicious conduct.
Rogers claims the defendants breached their contract with her and caused her damages.
Rogers is seeking compensatory and punitive damages with pre-judgment interest. She is being represented by J. Patrick L. Stephens of Underwood Law Offices.
The case is assigned to Circuit Judge James C. Stucky.
This isn't the first time the law firm has been sued.
In December, Erie Insurance Company sued Michael Martin & Associates for failing to pay as part of a settlement agreement.
And last suummer, the firm was sued for allegedly owing more than $19,000 for phone book advertising.
Kanawha Circuit Court case number: 15-C-58