HUNTINGTON – A Wayne County man says a Huntington law firm never deposited two $100,000 checks meant to go to a minor’s trust fund.
Charles Adkins, as guardian of Wyatt Kirk, filed his complaint in Cabell Circuit Court against Tyson & Tyson, David R. Tyson, Todd Chapman, Arminta Spaulding, Clyde W. Dolin and JP Morgan Chase Bank NA. Chapman, Spaulding and Dolin were employees of Tyson & Tyson.
Tyson’s law license was annulled last month by the state Supreme Court for alleged overbilling of the Public Defender Services Corporation as well as complaints from former clients.
According to the complaint, Connie Justice, as administratrix of the estate of Bobby C. Kirk, had filed a lawsuit against the Marshall University Board of Governors and St. Mary’s Medical Center in 2014. A settlement was reached, and minor Wyatt Kirk was to receive monies related to the death of his father.
To finalize the settlement, a wrongful death hearing was scheduled. Tyson was the court-appointed guardian ad litem for Wyatt Kirk.
The Proposed Order Approving Settlement was filed, saying Wyatt Kirk’s share of the proceeds would be deposited into a trust account with Chase Bank. He wouldn’t be given access to the funds until his 22nd birthday on August 24, 2031. But portions of the settlement were edited to say Wyatt Kirk could access his half of his share of the $100,000 on his 18th birthday and the rest at 22.
It also said Tyson’s guardian ad litem fee would be divided between the defendants. On August 30, 2015, the $100,000 settlement check for Wyatt Kirk was sent to Tyson.
The complaint says the check never was provided to Wyatt Kirk and never deposited into a trust account. On April 17, 2017, a replacement check was sent to Tyson. It also never was provided to Kirk or deposited into the trust account.
Adkins accuses the defendants of violating state code and fiduciary duties to Wyatt Kirk and causing damages. He says they engaged in a civil conspiracy and are guilty of unjust enrichment.
He says Wyatt Kirk has suffered loss of settlement monies, loss of interest on the principal settlement amount, future damages, emotional distress, annoyance aggravation, inconvenience, attorney fees and court costs.
Adkins is being represented by attorney Kenneth P. Hicks of Huntington and by Michael L. Powell of Milton. The case has been assigned to Circuit Judge Greg Howard.
Cabell Circuit Court case number 22-C-351
