CHARLESTON – A Charleston attorney has been accused of negligently handling a case by not filing a civil complaint before the statute of limitations expired.
Gary Crites filed his complaint August 17 in Kanawha Circuit Court against D. Adrian Hoosier II and Hoosier Law Firm PLLC.
According to the complaint, Crites contacted Hoosier to represent him in a wrongful termination claim against the Kanawha County Board of Education. He was employed by the board until August 30, 2018. That means he had until August 30, 2020, to file suit against the school board.
Crites says Hoosier didn’t file the complaint until September 25, 2020, according to the complaint.
On January 9, 2021, Hoosier contacted Crites asking him to pay $3,300 for work he had done on the case.
On January 29, 2021, the BOE filed a motion to dismiss Crites’ complaint based on its untimely filing. A few days later, the court entered an order setting briefing schedule. The complaint says Crites’ response was to be filed by February 17, 2021. But, Crites says it wasn’t filed at all.
On February 19, 2021, Hoosier filed a motion to withdraw as Crites’ counsel in the case. The court granted that motion on March 4, 2021.
The civil docket sheet in the case shows no hearing was scheduled regarding the board’s motion to dismiss the case. On May 18, 2021, an order dismissing the case was entered. The order notes Crites “did not file his complaint against defendant KCBOE until September 25, 2020, which is after the two-year statute of limitations period for his claims ended on August 30, 2020.”
Crites accuses Hoosier of professional negligence and/or legal malpractice as well as breach of fiduciary duty.
He seeks compensatory damages to cover what he was entitled to recover in his lawsuit against the school board as well as other damages caused by Hoosier’s alleged negligence. Crites also says he has suffered mental anguish, emotional distress, medical expenses, lost wages, annoyance, aggravation and inconvenience. He also seeks attorney fees, court costs, pre- and post-judgment interests and other relief.
Hoosier did not return messages seeking comment.
Crites is being represented by Michael D. Crim of Crim Law Office in Clarksburg. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 22-C-683