Former Charleston attorney named in another negligence suit

By Kyla Asbury | Aug 17, 2015

CHARLESTON - Another lawsuits has been filed against former Charleston Attorney R. Michael Martin for negligence.

Stephanie Kardos and Robert Kardos are former clients of Michael Martin & Associates and R. Michael Martin, according to a complaint filed in Kanawha Circuit Court.

The Kardos' claim in their lawsuit that they entered into a contract with Martin on Jan. 14, 2011, and on Jan. 11, 2013, Martin filed the Kardos' complaint in Kanawha Circuit Court against Teresa L. Burgess.

The complaint was filed more than two years after the claims arose and was barred by statute of limitations, according to the suit.

Martin also failed the serve Burgess as is legally required and on Oct. 1, 2013, the complaint was dismissed.

The Kardos' claim the defendants took no action to reinstate the Kardos complaint and negligently and/or fraudulently concealed the dismissal from the couple.

The couple discovered the negligence in May, according to the suit.

The Kardos' claim the defendants negligently, carelessly and in deviation from the applicable standards, breached their contractual obligations to provide competent legal representation to them.

The defendants also negligently failed to supervise its employees, partners and associates of their law firm to ensure that the plaintiffs received competent legal representation, according to the suit.

The Kardos' are seeking compensatory and punitive damages. They are being represented by Bruce L. Freeman of Freeman & Chiartas.

More than one dozen lawsuits have been filed against Martin since January for professional negligence.

Martin consented to voluntary disbarment in January.

The cases are assigned to Circuit Judges Joanna Tabit.

Kanawha Circuit Court case numbers: 15-C-1271

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