CHARLESTON – A Charleston attorney and his law firm are accused of failing to provide adequate representation to a Kanawha County couple.
Maxwell and Kathryn Hill filed their complaint October 15 in Kanawha Circuit Court against Redman & Payne PLLC and attorney Trent Redman.
According to the complaint, the Hills home and other property were damaged February 16, 2015, in the Mount Carbon train derailment that involved a CSX Transportation train hauling 107 tank cars of crude oil from North Dakota to Virginia. The derailment resulted in a large oil spill that caught fire with several eruptions and explosions that damaged homes and other property.
Redman
Later that month, the Hills say they contracted with the defendants to represent them in legal action against CSX. A federal lawsuit was filed in Huntington.
But on May 29, 2017, the plaintiffs discovered the defendants had failed to provide representation and legal services by failing to include them in the federal complaint or to initiate any other actions on behalf of them.
“The plaintiffs relied upon defendant’s representation of them in this matter and such representation was inappropriate and inadequate,” the complaint states.
The Hills say the defendants breached their contract by failing to file a lawsuit on their behalf within the statute of limitations. They also accuse them of professional negligence and common law negligence.
The plaintiffs says they have been damaged by not being compensated for the damages to their personal property and real estate property. They seek reimbursement for those damages as well as punitive damages, pre- and post-judgment interest, damages for aggravation and mental anguish as well as attorney fees, court costs and other relief.
Last year, Redman and his firm also were accused of legal practice by another couple who also said the defendants didn't file a claim on their behalf. According to court records, Redman or his firm have been named as defendants in at least 11 lawsuits since 2002
The Hills are being represented by John R. Mitchell Jr. of Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 21-C-929