HUNTINGTON – The estate of a Wayne County woman accuses two attorneys and law firms of legal malpractice.
The estate of Ruth Ann Johnson, by administrator Gary Harrison, filed its complaint September 28 in federal court against The Law Offices of David A. Sims and the law firm of Morgan Collins & Yeast. Attorneys David A. Sims and Kyle R. Salyer also are named as defendants.
According to the complaint, Harrison was appointed conservator for his mother in a Boyd County, Ky., court filing. Then, Harrison filed a civil complaint in Boyd County, Ky., against Ashland Nursing Home Corporation and Kingsbrook Lifecare Center alleging 11 counts of negligence and other actions for their treatment of his mother when she was receiving treatment there. Sims and Salyer were retained to represent Johnson in that case.
Johnson had suffered a left foot fracture and other injuries while representatives of the facilities were caring for her. Those injuries caused a decline in her health until her death, according to the complaint. Johnson died June 4, 2021, and Harrison was appointed administrator of the estate.
Because of Johnson’s death, the original civil case needed to be revived under Kentucky law. Harrison says the defendants told him the case was being revived, but he says none of them did so.
On August 19, 2022, the case was dismissed with prejudice for failure to revive. Harrison says the defendants never informed him it had been dismissed. When he asked the defendants for the file from the case, he says the defendants failed to provide it.
Harrison accuses the defendants of negligence, legal malpractice and breach of contract.
He seeks compensatory damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
The estate is being represented in this matter by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Frampton in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:23-cv-00647