Attorney sued after allegedly allowing statute of limitations to run out on injury claim

By The Madison County Record | Nov 6, 2014

A Wayne County woman is suing over claims her lawyer failed to file a third party injury claim before the statute of limitations ran out.

Pamela Kay Sons filed a lawsuit Oct. 15 in Madison County Circuit Court against Dawn Louise Marlow and Reed & Bruhn Professional Corporation, citing negligence.

According to the complaint, Sons was employed at the Medicine Shoppe in Fairfield on May 28, 2009, when she fell into an unprotected hole in the floor obscured by duct work involved in repairs being performed by Hayes Plumbing and Heating Inc.

Sons says that on Jan. 17, 2011, she retained Marlow to represent her in her injury claim, and on Feb. 9, 2011, the defendants filed an application for adjustment of claim against EdLucy Inc., doing business as the Medicine Shoppe. The complaint states Sons discharged the defendants Aug. 6, 2013, and retained attorney Ryan R. Rice, who informed her that a third party negligence claim against Hayes Plumbing and Heating had been a viable cause of action but had expired due to the statute of limitations on May 28, 2013.

The defendants are accused of failing to investigate the third party claim, advise plaintiff that she had a third party claim or refer plaintiff to a trial attorney to pursue the third party claim, all before the statute of limitations ran out. Sons says because of this she lost the opportunity to sue to recover damages including medical expenses and lost wages.

Sons seeks more than $50,000 in damages. She is represented by attorney R. Courtney Hughes of Hughes Law Firm in Carbondale.

Madison County Circuit Court case number: 14-L-1400.

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