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Estate representative claims attorney let statute expire on wrongful death case

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Estate representative claims attorney let statute expire on wrongful death case

LOGAN – An estate representative alleges she is unable to prosecute a wrongful death case because a law firm let the statute of limitations expire.

Loretta Watkins and the estate of Kyle Scott Fields, deceased filed a complaint Sept. 25 in Logan Circuit Court against Mark Hobbs, personally and Mark Hobbs Law Offices alleging negligence, breach of contract and breach of duty.

According to the complaint, the plaintiffs hired the defendants in January 2015 to represent them in a suit alleging wrongful death of Kyle Scott against the Regional Jail Authority. The suit states the defendants filed a notice of notice against the agency, but did nothing else with the case and the statute of limitations expired.

The plaintiffs hold Hobbs and Mark Hobbs Law Offices responsible because the defendants allegedly failed to disengage plaintiffs' case and to timely communicate with them about the case.

The plaintiffs request a trial by jury and seeks damages of $1 million, plus additional general, compensatory and punitive damages, attorney's fees and expenses and any further necessary relief. They are represented by Justin J. Marcum of Marcum Law Offices PLLC in Williamson. The case has been assigned to Circuit Judge Joshua Butcher.

Logan Circuit Court Case number 17-C-267

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