WILLIAMSON – A Mingo County woman says an attorney failed to file a lawsuit for her before the statute of limitations expired.
Patty Bevins filed her complaint in Mingo Circuit Court against Greg “Hootie” Smith and the Law Office of Greg K. Smith PLLC.
According to her complaint, Bevins had retained Smith’s services after she was injured during a visit to Walmart in South Williamson, Kentucky, when she slipped and fell on a slippery substance on the floor on August 17, 2019. Her injuries required surgery.
She says Smith negligently failed to file her claim within one year of the incident, which is the statute of limitations for such a case in Kentucky.
Bevins says Smith sent her a letter dated January 12, 2021, saying he had missed the statute of limitations and that “he reported the matter to his professional liability insurance carrier … and gave his sincere apologies.”
She seeks compensatory damages against Smith for bodily injury, pain and suffering, mental anguish, medical expenses and permanent impairment of the ability to enjoy life as well as for inconvenience, travel expenses, court costs, attorney fees and other relief.
Smith did not return calls seeking comment on the case.
Bevins is being represented by Jeffrey S. Simpkins of Simpkins Law in Williamson. According to a filing, Smith is being represented by Arie M. Spitz, Kevin A. Nelson and Sean D. Thomas of Dinsmore & Shohl’s Charleston office, but any answer or response has yet to be filed.
The case has been assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number 21-C-140