Civil yet Right and a little slippery in October
Bailey & Wyant PLLC's Wheeling Office
Equity Member Thomas E. Buck, Esq. and Associate Benjamin P. Visnic, Esq.
A Win at the Fourth Circuit
 The Wheeling Office was victorious for the defense in the matter of Bumpass v. Howard, et al., 5:19-cv-305 (N.D. W.Va. 2019), which Plaintiff brought before the Fourth Circuit Court of Appeals after his initial case was lost in the Federal District Court for the Northern District of West Virginia. This claim involved a Federal (1983) civil rights action brought by the Plaintiff, who was arrested and cited for DUI by a Bethlehem, West Virginia, officer after the officer observed Plaintiff driving in the middle of two interstate lanes. We successfully defended all claims and no violations of any constitutional rights were found against any of the police officers.

The Fourth Circuit Court of Appeals found no error in the lower court’s decision and affirmed the victory. Plaintiff has now appealed to have the case reheard en banc. This matter was successfully defended by attorneys Thomas E. Buck, Esq., and Benjamin P. Visnic, Esq. 

Bailey & Wyant PLLC, Member David J. Mincer, Esq.
Summary Judgment granted by Circuit Court of Wood County, WV
In the case of Cross v. AVI Food Systems, David J. Mincer as Local Counsel and Franz Ward as National Counsel were granted summary judgment by the Circuit Court of Wood County, WV in a slip and fall case. A customer other than Plaintiff had spilled a soft drink on the floor at the cafeteria at WVU-Parkersburg operated by AVI Food Systems. The cashier within a few minutes mopped the area and put up a “Caution: Wet Floor” sign. The Plaintiff was walking through the area and walked within one foot of the wet floor sign and then fell with the spill area that had been mopped. 

The Court properly found that it was an open and obvious hazard and granted Mr. Mincer’s client summary judgment prior to trial.
Admission to the WV State Bar
Although times have become very different, Bailey & Wyant PLLC's Associate, Lauren Mahaney was successfully admitted to the West Virginia State Bar on October 29th.

Due to the restrictions placed for safety during the COVID pandemic, Lauren was admitted along with three other groups of attorneys. A much smaller scale that everyone anticipated but still just as significant. She was accompanied by both of her parents for this monumental occasion.
New Office Location
Bailey & Wyant PLLC is proud to announce the new location of it's Martinsburg office. The office is now located at 115 West King Street in Martinsburg, WV.

The office resides in a Historical Building that dates back to pre Civil War times. It is known that within the walls of the building lie the remains of a cannonball. There are also historic pictures of Union soldiers dressing for battle in the front room of the building which is now used as a conference and meeting room.
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.

To discuss your case, e-mail us ([email protected]) or give us a call.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG 

Sincerely, 

Bailey & Wyant, PLLC
304-345-4222