CHARLESTON – A woman has accused a Charleston attorney and his law firm of legal malpractice.
Jillian Kinder filed her complaint in Kanawha Circuit Court against Michael D. Payne and Redman & Payne PLLC.
According to the complaint, Kinder hired Payne and the firm on September 6, 2019, to represent her in a claim against her former employer Dr. David Allen and Allen Family Practice as well as the entities WVVA, Change HealthCare and Med3000.
The contract, according to Kinder, said the defendants agreed to investigate and evaluate her claims for injuries, losses and damages and to file suit if necessary. Her last day of employment with the former employer was November 2, 2017. That means Payne and the firm had until November 2, 2019, to file a complaint under the two-year statute of limitations.
But, she says Payne and the firm did not file a complaint before that day. She says that was in disregard of her rights, was negligent and constituted legal malpractice. She says Payne and the firm breached their legal, ethical and contractual duties.
The complaint was filed in Greenbrier Circuit Court, but it was after the two-year statute of limitations. The judge dismissed Kinder’s claims with prejudice and awarded summary judgment to the defendants because her claim wasn’t filed until November 27.
Kinder says she has suffered financial damages, legal fees, court costs, cost of prosecuting this action, emotional distress, loss of faith in the integrity of the legal profession, humiliation, annoyance and inconvenience.
She seeks compensatory damages, pre- and post-judgment interests, court costs, attorney fees and other expenses. She is being represented by Charleston attorney Clinton W. Smith.
Kanawha Circuit Court case number 23-C-755