Bailey & Wyant PLLC's Equity Member, John P. Fuller and
Of Counsel, Josef A. Horter
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Equity Member, John P. Fuller and Charleston's Of Counsel, Josef A. Horter obtained a dismissal of the WVDCR in a case pending before the Circuit Court of Kanawha County, West Virginia.
The Plaintiff had alleged that the WVDCR was liable to him for failing to recalculate his release date after he had been released from custody. The Court found that the WVDCR was afforded qualified immunity and not subject to suit by the Plaintiff for the claims asserted in the Complaint.
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Managing Member Charles R. Bailey and Editor-in-Chief of the 2023 Fall Edition of the DTCWV's Defender. | |
Presentation on Use of Video | |
Charleston's Equity Member, John P. Fuller | |
Earlier this month, Equity Member, John P. Fuller of the Charleston office, along with Associate Samuel M. Bloom, attended a seminar for Corrections Leadership. Mr. Fuller provided a presentation on the Use of Video in Correctional Litigation. | |
Charleston Associate, Samuel M. Bloom | |
Case law update: Foreseeability and Negligence
The article for this month focuses on a recent decision coming from the Intermediate Court of Appeals. In Linzy v. Beckley Galleria, Inc., et al., the Plaintiff appealed an Order from the circuit court dismissing his claims against the defendant movie theatre. In the case, the Plaintiff was at Marquee Cinemas Galleria 14 in Beckley, West Virginia on the night of May 30, 2020, performing burnouts in a friend’s pickup truck. At the time, the global, COVID-19 pandemic was in full effect and the movie theatre was effectively closed down due to being a non-essential business. Predictably, the Plaintiff was injured while performing burnouts.
Specifically, the Plaintiff was thrown from his friend’s truck, resulting in serious injuries and a prolonged period in the hospital. Thus, the Plaintiff brought suit against the movie theatre alleging two counts: negligence and negligent hiring, training, retention, and supervision. It was Plaintiff’s position that the movie theatre was aware of local teenagers using the parking lot as a late-night hangout spot and that, therefore, the movie theatre had a duty of care to employ security personnel to protect persons on the premises, maintain a lookout and monitor for dangerous activity, and implement safety measures. The movie theatre argued in response that the series of events leading to Plaintiff’s injuries were not reasonably foreseeable. The lower court agreed and dismissed the case.
The Intermediate Court of Appeals ultimately agreed, as well. On appeal, the Plaintiff raised six different assignments of error, but the Intermediate Court of Appeals only addressed one: whether the movie theatre owed any duty to Plaintiff. In concluding the circuit court got it right, the Intermediate Court of Appeals stated that “a reasonable person would not foresee a need to hire security personnel to monitor a parking lot to ensure an individual does not harm himself by falling from the back of a pickup truck while the truck is performing a burnout,” and that, “during the relevant events, due to a global pandemic, the theater was closed as a nonessential business, and members of the public were subject to a stay-at-home order; with that in mind, we decline to proclaim [Plaintiff’s] actions were reasonably foreseeable under these circumstances.” Importantly, the Court stated that to arrive at any other conclusion would require the movie theatre to otherwise become an insurer for the Plaintiff.
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2023 in Review, and What a Year it has Been | |
Throughout the year of 2023, Bailey & Wyant, PLLC has maintained a national presence whether it be in person or virtual, presenting with peers across the country. | |
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The Gavel National Conference VII
Bailey & Wyant, PLLC's Equity Member Kelly C. Morgan attended the Gavel National Conference VII, at the Ocean Reef Club, in Key Largo, Florida this January.
Kelly, along with a fellow Gavel member from Mississippi, and Insurance Claims Specialist from Markel, presented to a classroom of attorneys and specialists on the topic of "Ethics in Claims Handling." The conference hosted over 300 attorneys and industry claims specialists from all over the country.
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Bailey & Wyant PLLC's Managing Member, Charles R. Bailey presented a dynamic and informative virtual webinar with attorneys from 7 law firms and 2 Industry Professionals exclusively for The Gavel Grub Club.
Mr. Bailey and the esteemed panelists presented for 75-minutes while looking into the unregulated world of litigation funding. Panelists addressed issues caused by third-party funding of lawsuits, and identified what defendants needed to understand about the added complexities of funded litigation.
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Equity Member, Justin C. Taylor and The Gavel law firm members from South Carolina, North Carolina, and Florida co-presented this special session designed for a national audience of Industry Professionals responsible for handling and managing claims and risk, and for all members of The Gavel. The topic: Construction Defect 101, and risk transfer options. | | |
Equity Member Kelly C. Morgan attended an interactive training Summit with the Gavel in Columbus Ohio. The Summit was hosted at S-E-A's headquarters. The Summer Summit included individuals from Workplace Matters, Transportation and the Premises & Dram Shop Practice Groups.
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Bailey & Wyant, PLLC's Of Counsel, Albert, "Abbie" C. Dunn, Jr. attended the Gavel's Summer Summit held in Boston, Massachusetts. Abbie, along with other distinguished members of the Gavel participated in presentations conducted by the Product Liability, Construction, and Professional Liability practice groups. Topics discussed included "The Psychology of Negotiations, Offensive and Defensive Discovery Tactics regarding Medical Providers, and a discussion around Product Experts: what claims handlers and their defense attorneys need to know about working with expert witnesses and navigating Daubert Motions." | | |
Dedication to our Community and our Clients | |
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Managing Member, Marc. J. Slotnick and Member Amy Haynie of Bailey & Slotnick PLLC attended the 2023 Kanawha Valley Board of Realtors Education Fair.
This year’s Education Fair was held at the Charleston Coliseum and Civic Center. Over 200 realtors and affiliates from the Greater Charleston Area attended.
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Bailey & Slotnick, PLLC's Equity Member, Marc J. Slotnick held a lunch and learn presentation at the Kanawha Valley Board of Realtors earlier this month. Marc presented to over 50 real estate professionals from across the Kanawha Valley.
Marc has presented various seminars before lawyers, real estate agents and the general public on topics including, Advanced Directives, Real Estate Attorneys in West Virginia, Computers in Real Estate Law, Short Sales, Wills and Estates, A Guide to Estate Planning, What is a Contract?, Ethics for Realtors: Fiduciary Duties and Other Responsibilities, REO Closings and Indemnity Letter and The New Closing Disclosure [or Let's Wait Another 3 Days].
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Dismissals for the West Virginia Board of Pharmacy | |
Bailey & Wyant PLLC's Equity Member, Justin C. Taylor secured complete dismissals for the West Virginia Board of Pharmacy with respect to numerous NAS (Neonatal Abstinence Syndrome) Baby cases in the opioid litigation. These lawsuits involved claims brought by the guardians of individuals who allegedly suffer from the effects of "NAS" purportedly caused by exposure to opioids during their birth mothers' pregnancies. | |
Promotion and Growth in 2023 |
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Jennifer E. Tully named Equity Member
Jennifer has been recognized by Super Lawyers as a Rising Star and has achieved an AV Preeminent rating from Martindale-Hubbell. She is an active member of West Virginia Women Attorneys, the Kanawha County Bar Association, and the Leadership Council of Legal Diversity. Jennifer is also admitted to practice before the West Virginia Supreme Court of Appeals, the United States District Court for the Southern District of West Virginia, and the United States District Court for the Northern District of West Virginia.
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Bailey & Wyant, PLLC welcomed Of Counsel, William E. Murray to it's Charleston office. Upon graduation from West Virginia College of Law in 1981, Mr. Murray became employed with a small practice doing general litigation work. He has continued in civil and criminal litigation up to the present. He has conducted trials throughout the state of West Virginia and in the Southern District of West Virginia. From 2001 until 2005 he served as the Court Administrator for the Circuit Court of Kanawha County in Charleston, West Virginia. His practice now focuses primarily on civil rights defense litigation, healthcare defense litigation, and criminal defense litigation. | | |
Bailey & Wyant, PLLC also welcomed Jaden Rhea as an associate the Bailey & Wyant, PLLC's Charleston office. Prior to joining the firm, Jaden was a law clerk for the Honorable Thomas E. Johnston, Chief Judge of the United States District Court for the Southern District of West Virginia, and a law clerk for the Honorable Frank W. Volk, Chief Judge of the United States Bankruptcy Court for the Southern District of West Virginia. | | |
And finally, Bailey & Wyant, PLLC welcomed 3 new Associates to the firm; Calvin Tomblin (Charleston), Isabella Ortiz (Wheeling) and Taylor Giles (Martinsburg).
Calvin Tomblin is an Associate in Bailey & Wyant, PLLC’s Charleston, West Virginia office. He attended West Virginia University for both his undergraduate degree and law school degree. During law school Calvin interned with Fairmont State University’s General Counsel office and the Preston County Public Defender’s office. During his last year, he served as a student attorney for the West Virginia Innocence Project Clinic at WVU Law.
Isabella Ortiz attended West Virginia University and graduated cum laude in 2019 with a Bachelor’s of Science in Journalism. Isabella earned her J.D. in 2023 from West Virginia University College of Law where she graduated Order of the Barristers and with a pro bono distinction. Isabella is originally from Fredericksburg, VA and currently resides in Wheeling.
Taylor Giles was born and raised Charleston, West Virginia. During his time at West Virginia University in both his undergraduate studies and law school, he was heavily involved in the Boy Scouts of America. Taylor was a freelance journalist covering breaking news and wrote over 500 articles published worldwide while attending law school. He also served as a student attorney in the WVU College of Law Veterans Advocacy Clinic during his last year of law school. Taylor previously served as a summer clerk in Bailey & Wyant PLLC’s Martinsburg office and returns as an Associate. He lives in Charles Town, West Virginia.
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Bailey & Wyant, PLLC's 2024 Best Lawyers
Bailey & Wyant PLLC's attorneys from all 3 offices were selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®.
James W. Marshall, III, of the Martinsburg office was selected for his expertise in Product Liability Litigation.
Managing Member, David L. Wyant and Equity Member Thomas E. Buck of the Wheeling office were selected for their expertise in Commercial Litigation ; Banking and Finance, and Labor and Employment, Medical Malpractice Law, and Product Liability Litigation.
Managing Member, Charles. R. Bailey, Equity Members, Marc J. Slotnick, Justin C. Taylor, Member, David E. Schumacher, and Of Counsel, Josef A. Horter of the Charleston office were recognized for their expertise in Employment Law, Insurance Law, Litigation-Insurance, Real Estate Law, Product Liability Litigation, Construction Law, Commercial Litigation, and Personal Injury Litigation-Defendants.
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Our philosophy is simple. We provide aggressive and effective legal representation, while being ever mindful of each client's individual needs, goals, and economic interests. No matter how complex or novel, our focus in a case is always to reach the right resolution for our client.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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