Couple blame attorney for failure of drug addiction lawsuit

HUNTINGTON - A couple are suing an attorney they claim was negligent in his legal representation by allowing the statute of limitations to expire prior to filing a lawsuit.

In 2004, James Holley was involved in a motor vehicle accident and became a patient of Dr. Anita Dawson, a physician who operated pain clinic and specialized in the area of pain management, according to a complaint filed May 20 in Cabell Circuit Court.

Holley claims during the time he was Dawson's patient, she prescribed him various medications - such as Oxycontin, Percocet, Xanax and other narcotic and addictive medications - and he was prescribed the medications in dosages well in excess of accepted therapeutic levels.

Ultimately, Holley became addicted to the various medications and sometime prior to March 2010, Holley and his wife, Camella Holley, employed Derek W. Marsteller for the purpose of representing them in a legal action against Dawson and various pharmacies at which James Holley's prescriptions were filled, according to the suit.

The Holleys claim at the time the complaint was filed against Dawson and the pharmacies, the limitation period to them had expired.

Dawson never made an appearance in the civil action and the three pharmacy companies appeared at various motions that were filed, seeking summary judgment based upon the applicable statute of limitations having lapsed as of the tie the case was filed, according to the suit.

The Holleys claim Marsteller was negligent in his representation by having allowed the applicable statute of limitations to expire prior to filing the suit.

Marsteller's representation did not conform to the professional standards expected of an attorney and, as a result of his negligence, the Holleys were unable to successfully prosecute their case against Dawson and the pharmacies, according to the suit.

The Holleys are seeking compensatory damages. They are being represented by Larry O. Ford of Meyer, Ford, Glasser & Radman PLLC.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-344