Marshall Co. law firm, attorney named in breach of contract suit

By Lawrence Smith | Aug 24, 2012

CHARLESTON – An Ohio man is accusing a Marshall County law firm of abandoning him shortly after helping him file a lawsuit against his former employer.

Neiswonger and White Law Offices of Moundsville are named as co-defendants in a breach of contract suit filed Aug. 9 by Henry Martin. In his complaint filed in Kanawha Circuit Court, Martin, 58, of Bellaire, Ohio, alleges after the firm's partner David C. White filed his wrongful termination suit in 2009 he never heard from him again.

According to the suit, Martin retained White to file a wrongful termination suit against the West Virginia Racing Commission, the agency that regulates thoroughbred, and greyhound racing at the state's four casinos. Records show, White filed the suit on July 10, 2009, naming Dr. Bryan F. Mitchell as a co-defendant.

Also, records show the Commission never filed any responsive pleadings including an answer or a notice of bona fide defense, and White never filed a motion for default judgment. This prompted Judge Charles E. King, Jr. to dismiss the suit on Aug. 10 for lack of activity for more than a year.

In his suit, Martin alleges White, who is named as a co-defendant, was not only negligent, but also breached his duty of care in pursing it, and keeping him updated of its status. As a result, Martin says he has incurred not only past and future economic losses, but also emotional suffering.

Martin seeks unspecified damages, court costs, interest and attorneys fees. He is represented by Lewisburg attorney Robert J. Frank.

The case is assigned to Judge James C. Stucky.

Kanawha Circuit Court case number 12-C-1594

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