KINGWOOD – Co-counsel in a lawsuit that alleges fallen Mon Power lines resulted in electric shock wants out of the case but is now being accused of a breach of contract.
On Oct. 8, attorneys at Bordas & Bordas in Wheeling asked Preston County Circuit Court Judge Lawrance S. Miller Jr. to allow them to withdraw from a lawsuit brought in January.
Jim Bordas and Zak Zatezalo cited their co-counsel agreement with Mary Beth Angotti.
“For cause, the movants allege that the circumstances of the co-counsel arrangement have become a hindrance to the continued effective representation of Mr. and Mrs. Jennings’ and Mr. Bolyard’s cases, and it is in (the plaintiffs’) best interests for Bordas & Bordas, PLLC to withdraw from their case.”
Harry L. Bolyard, Jesse A. Jennings and Joyce M. Jennings filed their lawsuit in January, alleging that on Jan. 26, 2011, and Oct. 29, 2012, they were electrically shocked after live power lines fell and transmitted a surge of electricity into their home.
After the first occurrence, the plaintiffs contend that Monongahela Power Co. negligently cared for the power line by sagging the line and attaching it to a leaning pole, which resulted in the second occurrence.
Further, on Jan. 13, the plaintiffs contend Monongahela Power Co. had not replaced or repaired the line and the plaintiffs had to leave their home due to the unsafe conditions of the leaning pole. The plaintiffs had made multiple requests to Monongahela Power Co. to repair the power lines, according to the complaint.
In response to the motion to withdraw, Angotti, an attorney in Granville, submitted a motion to oppose withdrawal of Bordas & Bordas. It says the firm failed to notify, in writing, the plaintiffs and her of its intention to withdraw.
“Plaintiffs state that Bordas & Bordas PLLC’s notice of withdrawal is a breach of the Attorney Retainer Agreement, a contract, wherein paragraph 10 states that ‘This contract constitutes all the agreements between the parties and may not be amended except in writing and executed by all parties.’”
The plaintiffs say they object until there has been a hearing on the matter. That hearing is scheduled to take place Nov. 22.
From the West Virginia Record: Reach John O’Brien at email@example.com.