BRUNSWICK COUNTY — A local attorney and district attorney-elect for Brunswick, Bladen, and Columbus counties is facing a legal malpractice lawsuit. The civil suit alleges a missed filing deadline cost a Brunswick County woman her only legal path to recover more than $100,000 spent correcting a botched home renovation.
James Kelly Somers and his firm, The Law Offices of James Kelly Somers, PLLC, is accused of professional negligence and misrepresentation for reportedly failing to file a complaint on behalf of his client, Karen Horton, in a timely fashion. Somers filed a breach of contract suit in 2025 to hold a builder accountable on Horton’s behalf. She claimed Jimmy Hyatt of House to Home Builders allegedly took $89,645 for a project involving a new screened-in porch and a full kitchen remodel but didn’t complete the job.
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Horton retained Somers in 2020 to pursue claims against her contractor. According to the malpractice lawsuit, Somers allegedly assured Horton they had six years to file, leaving her unaware North Carolina law limits such claims to three years from the date damages are discovered. The court dismissed the case in January 2026 as time-barred under statute of limitations.
Horton hired Randolph James in the civil case against Somers. Port City Daily asked to speak with Horton, but the lawyer fielded questions. He didn’t answer why there was such a delay in Somers’ filing the suit on behalf of Horton and added he was limited in what he could discuss regarding pending litigation.
The lawsuit includes damages in excess of $25,000 — a procedural requirement of Rule 8(a)(2) of the North Carolina Rules of Civil Procedure. It prohibits a plaintiff’s counsel from alleging specific actual damages in certain filings. James did not comment on the reasons for Somers’ delay in filing the original complaint, nor did he indicate how much money Horton might recover.
Regarding the request for a jury trial, James characterized the move as a standard safeguard for his client.
“Requesting a jury trial is like taking your umbrella if it might rain,” James said. “If you don’t request it, you cannot have a jury. If you request it you can always waive the jury.”
The complaint alleges Somers and his firm failed to keep Horton reasonably informed about the status of her case, did not prosecute her claims expeditiously, and failed to investigate or acquire the legal knowledge necessary to pursue her claims against Hyatt. Horton’s malpractice suit adds she suffered significant financial loss as a result.
Court records show Somers has not yet filed a response to the complaint and has 30 days to do so from the date he was served the lawsuit, according to the North Carolina Rules of Civil Procedure. He did not respond to Port City Daily’s request for comment.
The Brunswick County native won the Republican primary for the 15th Prosecutorial District Attorney position on March 3 against Assistant District Attorney Jenna Earley. Somers is the presumptive winner as no Democratic challenger filed for the seat.
The civil case would not prevent the candidate from taking office. Civil lawsuits are private legal disputes and do not affect a candidate’s eligibility to hold public office under North Carolina law.
According to the complaint, Horton hired Somers to pursue financial losses from Hyatt, who started work on her home in September 2019. However, the lawsuit notes Hyatt allegedly abandoned the site a few months later in November, leaving the home unfinished.
Shortly thereafter, in January 2020, Horton contacted the Town of Oak Island and a building inspector later discovered 44 separate code violations. The inspection revealed Hyatt removed a large section of a load-bearing wall without adding any support to hold up the house. Additionally, the inspector found open electrical wiring and an extension cord running through the floor, which created fire risks. The town’s report warned using the home’s living areas could result in “serious hazards” for the homeowners.
To fix the damage, Horton hired a second contractor, Eric Rainwater of Rainwater Coastal Construction, in 2023. The repair contract, included in Horton’s filed complaint, details an extensive list of necessary work, including reframing the porch, replacing floor joists, and completely redoing the kitchen’s plumbing and electrical systems. Horton ultimately paid Rainwater $109,325 to properly bring the home up to North Carolina residential building code.
Despite the documented $89,000-plus loss, the lawsuit against Hyatt was not initiated for several years. Records show Somers filed the complaint on June 4, 2025 — nearly five-and-a-half years after the initial town inspection.
On Jan. 21, 2026, the Brunswick County Superior Court dismissed the case with prejudice, ruling the legal deadline to file a claim had passed. The court determined a claim of this caliber needed to be made within three years, under North Carolina General Statute 1-52.
The clock to file officially begins as soon as a homeowner discovers, or reasonably should have discovered, the damages. Because the town inspector documented the code violations in January 2020, the deadline to sue the contractor had passed in January 2023.
As such, Horton was left without a legal remedy to recover costs endured for a failed renovation.The complaint describes a specific interaction immediately following January’s dismissal, with Somers allegedly having “admitted negligence” to Horton while still at the Brunswick County Courthouse.
Horton is seeking damages in excess of $25,000, plus interest and attorney’s fees. The lawsuit argues Somers’ alleged negligence is the “direct and proximate cause” of the financial loss Horton incurred while fixing the home.
The legal proceedings could extend into Somers’ term as district attorney, which — under North Carolina law — begins Jan. 1 following the general election, assuming the election and canvass proceed as scheduled. While the DA oversees criminal prosecutions in the 15th Prosecutorial District, this case will be handled by the court’s civil division. Under North Carolina General Statute 1-83, the case could eventually be moved to a neutral venue or heard by a visiting judge to ensure impartiality.
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