A Houston businessman and his company have filed a negligence and breach of fiduciary duty suit against solo Ronald J. Waska, alleging they hired him to file a “legal malpractice” suit against Winstead, but Waska failed to do so in a timely fashion.

Dean Bailiff and Bailiff Enterprises Inc. allege in their July 18 petition that they hired Waska to sue Winstead based on Waska’s representation that he was an “experienced trial lawyer and had the necessary training and experience to file such a suit.”