What is the purpose of a leap year? 

First of all, Happy Leap Day! We have literally been waiting four years to say those words. But why do these days and years even exist?

Leap years exist because while the world follows a 365-day Gregorian calendar, it actually takes the planet a little bit more than a year to orbit the sun. It takes Earth 365 days, 5 hours, 48 minutes and 46 seconds to orbit the sun, according to NASA — and while that is rounded down to the 365 days we recognize as a typical year, those nearly six extra hours don't disappear. 

Instead, leap years are added to account for the difference. The extra day keeps calendars and seasons from gradually falling out of sync and impacting harvesting, planting and other cycles based on the seasons. Without Leap Days, in 100 years, calendars would be 24 days off, and in 700 years, Northern Hemisphere summers would begin in December. 

As always, the attorneys at Bailey & Wyant, PLLC thank you for your continued business and support. Please continue reading and enjoy the latest news for you.

Equity Member Announced

Jordan K. Herrick, Equity Member, Charleston Office

Jordan K. Herrick is originally from New Martinsville, West Virginia. He attended college at Marietta College in Marietta, Ohio, where he graduated cum laude and earned a Bachelor's of Arts in Political Science. Jordan was an active member of Delta Tau Delta International Fraternity while at Marietta College, as well as various other Marietta College organizations, including the Marietta College Wind Symphony. In 2006, Jordan was a recipient of the Adair Prize awarded by the faculty to a graduating senior for outstanding building of morale, esprit de corps, and loyalty to the ideals of Marietta College.

Jordan earned his J.D. from West Virginia University in 2009 where he graduated in the top 20% of his class. Upon graduation from law school, he moved to Charleston to join the Bailey & Wyant team. Jordan resides in Charleston's Historic East End with his wife and two daughters and is an active member in the East End community.

Dismissal Obtained for WVSP

Equity Member John P. Fuller and Associate Samuel M. Bloom

Equity Member, John P. Fuller, and Associate, Samuel M. Bloom, of the Charleston office, obtained dismissal of the WVSP (West Virginia State Police) in a case previously pending in Webster County, West Virginia. The Plaintiff had alleged that the WVSP had violated her rights by aiding the Webster County Sheriff’s Department in executing an eviction order. 

Keeping you in the Know

Charleston Associate, Samuel M. Bloom

Case Law Updates: Are Budgetary Issues for an Agency Deemed Legislative or Quasi-Legislative Functions?

The article this month focuses on a recent decision published by the State of West Virginia Supreme Court of Appeals in Mingo County Board of Education v. “Big Jim” Hatfield, “Big Jim” Hatfield, an avid fan of the football games at Mingo Central High School, fell in the parking lot next to the field. Big Jim claimed that the parking lot was covered in jagged edge rocks and was poorly lit, causing his fall and injuries. As a result, he sued the Mingo Count Board of Education (“MCBOE”).

At the Circuit Court level, after the completion of discovery, the MCBOE moved or summary judgment, arguing it was entitled to the immunity afforded to it under the West Virginia Governmental Tort Claims and Insurance Reform Act. Specifically, that Big Jim’s claim against it resulted from a legislative or quasi-legislative function. It argued that maintenance of the parking lot (i.e. paving and installing lights) was not in the MCBOE’s budget and, therefore, was a budgetary issue that falls under a legislative or quasi-legislative function of the MCBOE. Alternatively, the MCBOE argued that the parking lot was not improved and that the MCBOE should be immune from the claim “because [Big Jim’s] claim resulted from natural conditions of unimproved property in accordance with West Virginia Code § 29-12A-5(a)(7).” Despite these arguments, the circuit court disagreed and denied the MCBOE’s summary judgment motion.

The MCBOE then appealed to the State of West Virginia Supreme Court of Appeals. In addressing these immunity arguments, the Court affirmed the Circuit Court’s decision. The Court found “that [MCBOE’s] choices as to how it spends its appropriated money is not a legislative function warranting immunity.” Further, the Court found “the court correctly found that the parking area had been improved and was not in its natural condition. At the time of [Big Jim’s] fall, a drainage system had been installed, among other improvements. Therefore, we find there was no bona fide dispute that the land was improved and not in its natural condition and that the court did not err in determining that [the MCBOE] was not entitled to immunity pursuant to West Virginia Code § 29-12A-5(a)(7).”

Thus, it is important to remember that the budgetary decisions of agencies are simply not legislative or quasi-legislative functions of the agency and that partial improvements to property are sufficient in defeating the immunity provided by the West Virginia Governmental Tort Claims and Insurance Reform Act.

Defense Verdict Obtained in Wheeling

Equity Member Thomas E. Buck and Associate Isabella M. Ortiz

The Wheeling office obtained a defense verdict in the case of Gilmore v. Bridgeport Equipment and Tool, Ltd., and Travis Polly, CC-25-2020-C-98, before a jury in the Circuit Court of Marshall County.

This was a tractor trailer accident where a tire came off and struck Plaintiff’s oncoming vehicle. Plaintiff alleged significant injuries. The jury ultimately found the tire which struck Plaintiff’s vehicle was not the cause of Plaintiff’s claimed damages.

The jury’s finding precluded Plaintiff from all monetary recovery. This case was successfully defended by attorneys Thomas E. Buck, Esq., and Isabella M. Ortiz, Esq. If you have any questions about this matter, please call 304-233-3100. 

Bailey & Wyant PLLC presents at WVACO Annual Conference

Managing Member Charles R. Bailey

Charles R. Bailey, Managing Member of the Charleston office, presented at the 2024 West Virginia Association of Counties Annual Conference. The 3 day conference was held at the Embassy Suites in Charleston and attended by members from all 55 counties.

The conference consisted of a Board of Directors Meeting, Leadership Workshops, Keynote Speaker Presentation by U.S. Senator Joe Manchin, Member Association Meetings, and visits to the West Virginia State Capitol.

Bailey & Slotnick PLLC Sponsors Education Fair

Member Amy Haynie and Managing Member Marc J. Slotnick

Member Amy Haynie and Managing Member Marc J. Slotnick attended the 2024 Kanawha Valley Board of Realtors Education Fair. This years fair was held at the Charleston Coliseum and Convention Center where over 200 Realtors from the Kanawha Valley were in attendance.