Albany woman sues attorneys Ken Nugent, Christopher Warren and Nugent law firm

ALBANY — Call it the “1-800-Call-Ken” case.

Albany resident Alexandra Myles has filed suit against attorneys Kenneth S. Nugent and Christopher Warren and the Nugent Law Firm LLC for, among other charges, professional negligence, gross professional negligence and breach of fiduciary duties.

Myles, who was severely injured in an automobile accident involving a city of Smithville employee on Jan. 11, 2011, engaged Nugent’s law firm to represent her in an effort to collect for medical damages that resulted from the accident. But Myles claims in a suit filed by her new attorney, Christopher Cohilas, that neither Nugent, Warren nor any other representative of the Nugent firm represented her best interests by the time the two-year statute of limitations for personal injury suits expired.

“The lawsuit we’ve filed on behalf of Ms. Myles alleges that more than two years passed before she was given an opportunity to even speak with an attorney with the firm she hired to represent her and that a lawsuit was never filed on her behalf,” Cohilas said. “I view my role in this case as providing a voice for Ms. Myles and changing her opinion of our legal system.

“My goal at the end of the day is for Ms. Myles to know that an attorney took the time to listen to her, to hear her and to fight on her behalf. How anyone draws a contrast to her prior representation is up to them. I won’t comment on that aspect of the case.”

Messages seeking comment from both Warren and the Nugent Law Firm Friday and Monday were not returned.

In a complaint filed in Dougherty Superior Court, Myles’ suit levels six counts against Nugent, Warren and the Nugent firm: professional negligence, gross professional negligence, breach of fiduciary duties, respondeat superior (a Latin term meaning “let the master answer” that holds an employer or principal responsible for wrongful acts of an employee or agent), punitive damages, and attorneys fees and expenses. In the suit Myles claims the “utter failure” of the defendants to “exercise even a slight degree of care in performing duties” on behalf of their then client “constitutes gross negligence under Georgia law.”

The suit asks for: the awarding of compensatory or actual damages in an amount to be proven at trial; the awarding of general damages in an amount to be proven at trial; the awarding of punitive damages in an amount “sufficient to punish, penalize and deter defendant from engaging in similar future conduct;” the awarding of all reasonable attorney’s fees and expenses; the granting of a trial by jury, and “any other relief the court deems just and proper.”

“The statute of limitations does run out after two years in a personal injury case,” Cohilas said. “But it does not in the case of legal malpractice. I see the law as an art, and it requires that attorneys show the utmost loyalty to their clients…My intent is to have the Nugent firm answer in court.”

Myles says in her suit that Smithville employee James McGrady failed to yield at a stop sign and drove his Ford Econoline work van into her Ford Expedition at approximately 60 mph. Myles suffered contusions and lacerations to her knees, arms and legs and suffered spinal damage that is expected to lead to spinal surgery. McGrady was charged in the case, Cohilas said.

Having seen Nugent’s “1-800-Call-Ken” advertisement and assuming that Nugent was “right here in downtown Albany” as his ad indicated, Myles engaged the Nugent firm on Jan. 14, 2011 to represent her. She said that, over the next two years, she never had a conversation with Nugent and never had a conversation with an actual licensed attorney about her case. She was referred instead usually to “case manager” Stephanie Turner, who is not a licensed attorney.

Myles said she attempted to contact Nugent and Warren on a number of occasions but was always directed to talk with support staff. She said she was given advice “not to seek medical treatment after six months because insurance companies only pay medical expenses incurred within the first six months of an accident.” She also said that when she learned that Warren was engaged in a political race (for state court judge) and asked if he had time to properly conduct her case, she was told that there was no time conflict.

As the two-year anniversary of her accident neared, she said her phone calls were often not returned by the Nugent firm.

When she finally met with Warren, after the two-year statute of limitations had expired, Myles said the attorney told her he’d gotten a $10,328 insurance settlement offer and encouraged her to accept it and sign a general release of all claims. When she refused, Myles said Warren started calling her, pressuring her to accept the offer.

She also said that when the attorney looked at her file in her presence, he seemed surprised by what he saw, telling her she had “a good case” that was “worth a lot of money.” Nugent himself even called later, according to Myles, leaving a voice mail that indicated Warren “may have erred” in not pursuing the case before the two-year period ended, Myles said.

Cohilas said he is waiting for a response to his suit from the defendants.