CHARLESTON – A Wayne County woman is suing a Cabell County attorney for legal malpractice in Kanawha County.
Amye Hendricks filed suit against Timothy L. Eves, and his practice, the Eves Law Firm, on Feb. 14. In her complaint, Hendricks, 35, of Lavallette, alleges Eves missed the deadline for filing her personal injury suit.
According to her suit, Hendricks was injured in a motor vehicle accident on July 6, 2006. On an unspecified date, she retained Eves to file a personal injury suit.
Records show, Eves filed a suit in Wayne Circuit Court on behalf of not only Hendricks, but also her husband, Mark, and their children Jacob and Jayden against Raleigh J. Sowder, D.L. Peterson Trust, Columbia Gas Transmission Company and John Doe. However, he filed the suit on July 22, 2008, two weeks past the two-year statute of limitations.
Citing the missed statute of limitations, Judge Darrell Pratt dismissed the case with prejudice on Dec. 15, 2009. In her suit, Hendricks alleges she could have prevailed in her personal injury suit had it not been for Eves missing the filing deadline.
In her suit, Hendricks states the reason for filing it Kanawha Circuit Court is that Eves, 39, was practicing law in Kanawha County when she hired him. His office is now in Barboursville.
Hendricks seeks unspecified damages, interest and court costs. She is represented by James A. Villanova, and Michael E. Metro with the Villanova Law Offices in Pittsburgh, Pa.
The case is assigned to Judge Louis H. "Duke" Bloom.
Kanawha Circuit Court case number 11-C-245