CHARLESTON - A man is suing Neiswoger& White Law Offices for failing to properly and diligently pursue and litigate a lawsuit filed on his behalf.

David C. White was also named as a defendant in the suit.

Henry Martin was a plaintiff in a lawsuit in 2009 against the West Virginia Racing Commission, according to a complaint filed June 19 in Kanawha Circuit Court. It is the second lawsuit Martin has filed against the firm. The first was filed in August.

Martin claims he relied upon the defendants to properly and diligently pursue and litigate the matter, but the defendants took no steps to prosecute the lawsuit they had filed on Martin's behalf and the case was dismissed on Aug. 10, 2011.

The 2009 claim also may have been filed by the defendants after the expiration of the applicable statute of limitations and was never caused by the defendants to be served upon the West Virginia Racing Commission or other defendants in the claim, according to the suit.

Martin claims as a result of the defendants' failure to take any action, even the most minimal, to prosecute the case they had filed on his behalf, Martin's cause of action was dismissed and he suffered injuries, damages and losses.

The defendants were negligent in their practice of the law within West Virginia and breached their duty of care, according to the suit.

Martin claims the defendants also breached their contract with him, as they entered into a contract for the provision of legal services and in failing to prosecute his cause of action, caused him to sustain damages, losses and injuries.

The defendants also breached their fiduciary duty to Martin and caused him to suffer economic losses and loss of economic advantage, according to the suit.

Martin is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Scott H. Kaminski and Daniel M. Balgo of Balgo & Kaminski LC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1161

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