Wayne woman sues Charleston law firm for failing to distribute proceeds

By Kyla Asbury | Apr 13, 2015

WAYNE – A Wayne County woman is suing Michael Martin & Associates for negligently failing to distribute proceeds it collected on her behalf.


WAYNE – A Wayne County woman is suing Michael Martin & Associates for negligently failing to distribute proceeds it collected on her behalf.


In 2013, Mary Gail Hundley was injured in an automobile accident in Wayne County and hired Michael Martin & Associates to provide legal representation, according to a complaint filed in Wayne Circuit Court.


Hundley claims the defendant negotiated settlements with two insurance companies and collected $190,000 on behalf of Hundley, but negligently failed to distribute the proceeds of the settlement to her and negligently breached its fiduciary duty.


The defendant settled part of Hundley's claim and took possession of $100,000 rightfully belonging to her no later than August 2013 and negligently failed to disclose that settlement to Hundley, according to the suit.


Hundley claims on July 9, the defendant settled a second part of her claim and took possession of $90,000 that rightfully belonged to her and negligently failed to disclose the settlement to her.


The defendant negligently failed to distribute the proceeds of the settlement totaling $190,000 to its client and Michael R. Martin negligently converted those funds to his own use and has proximately caused Hundley to suffer financial harm, emotional harm, stress, humiliation, embarrassment, ridicule and loss of enjoyment of life, according to the suit.


Hundley is seeking compensatory damages in the amount of $500,000 and punitive damages in the amount of $5 million. She is being represented by Joseph M. Farrell Jr. of Farrell, White & Legg PLLC.


The case is assigned to Circuit Judge Darrell Pratt.


Wayne Circuit Court case number: 15-C-020

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