Couple sue Hayden & Hart for legal malpractice

By Kyla Asbury | Nov 28, 2013

CHARLESTON - A couple are suing Hayden & Hart PLLC after they claim it negligently failed to timely file their personal injury suit before the statute of limitations expired.

Gerald C. Hayden, David Hart and J. Mingo Winters were also named as defendants in the suit.

Tressie M. Richardson and Troy R. Richardson

On May 21, 2009, Tressie M. Richardson entered into an contract with the defendants for legal representation and services for claims arising out of a personal injury claim that occurred at Walmart on Jan. 4, 2008, in Raleigh County, according to a complaint filed Nov. 14 in Kanawha Circuit Court.

Richardson claims the defendants filed suit against Walmart on Jan. 13, 2010, alleging negligent retention, negligent hiring, premises liability, infliction of emotional distress, annoyance, inconvenience and aggravation.

On July 14, 2011, Walmart filed a motion for summary judgment on the grounds that the complaint was filed more than two years after the claims arose and was thus barred by the statute of limitations and on Dec. 28, 2011, the court dismissed the complaint, according to the suit.

Richardson claims the defendants negligently, carelessly and in deviation from the applicable standard of care, breached their contractual obligations to provide competent legal representation to the plaintiff.

As a direct and proximate result of the defendants' negligence, carelessness and deviation from applicable standards, Richardson and her husband, Troy R. Richardson, have lost their right to pursue monetary recovery against Walmart, according to the suit.

The Richardsons are seeking compensatory damages. They are being represented by Troy N. Giatras of the Giatras Law Firm PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-2137

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