Growth and Recognition for B&W PLLC
Introducing your 2024 Bailey & Wyant, PLLC Best Lawyers
Bailey & Wyant PLLC's Best Lawyers for 2024
Bailey & Wyant PLLC's attorneys from all 3 offices have been 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.
2023 West Virginia Bar Association Annual Meeting
Managing Member Charles R. Bailey and Member Jordan K. Herrick attended the West Virginia Bar Association's 136th Annual Meeting, held in White Sulphur Springs, West Virginia at the Greenbrier Resort. This three day event included the Judicial Appreciation Reception, in which The Executive Council of The West Virginia Bar Association announced the recipients of the inaugural Frederick P. Stamp, Jr. Award for Judicial Excellence and the 2023 Award of Merit. The 2023 Award Recipients were The Honorable Frederick P. Stamp, Jr., The Honorable Ronald E. Wilson, and Charles M. Love III.
Headed to Boston for the Gavel Summer Summit
Later this month Bailey & Wyant, PLLC's Of Counsel, Albert, "Abbie" C. Dunn, Jr. will attend the Gavel's Summer Summit held in Boston, Massachusetts. Abbie, along with other distinguished members of the Gavel will participate in presentations conducted by the Product Liability, Construction, and Professional Liability practice groups.
West Virginia's Greatest Airshow
Bailey & Wyant PLLC proudly sponsored the 2023 West Virginia Airshow held at the Eastern West Virginia Regional Airport.
Charles R. Bailey conversing with some Martinsburg Clients
James W. Marshall, III and James W. Marshall II enjoying the show.
Taylor J. Giles our new Martinsburg Associate
Supporting the National Guard and Armed Forces
Guests in awe of the power of the F-22 Raptor
An awesome site
The Centennial Celebration was held at Shepherd Field in Martinsburg, West Virginia. The event welcomed over 35K spectators
Please Welcome Charleston's newest Of Counsel and Associate
Charleston Of Counsel, William E. Murray
Bailey & Wyant, PLLC is proud to welcome 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.
Charleston Associate Jaden Rhea
Jaden is 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.

During law school, Jaden served as an Executive Research Editor for the West Virginia Law Review and was a student clinician in the United States Supreme Court Clinic, where she was chosen to present the argument in the Fourth Circuit Court of Appeals on behalf of a clinic client. In addition, her student note was awarded a 2018 Burton Award, a national award that recognized her student note as an exemplar of “creativity, knowledge, and know-how.”
Updates on Establishing Causation and Proximate Cause
This month, we discuss a decision from the Intermediate Court of Appeals. The court’s recent decision in Stoudt v. Eads affirmed the lower court’s grant of summary judgment because the plaintiff in this matter failed to produce sufficient evidence of causation of her abdominal pain. In the case, it was discovered in a 2018 surgery that the plaintiff had an “endo catch” bag inside of her from a previous surgery. The plaintiff sued the three doctors who performed surgery on her in 2016.

In reaching their conclusion that the lower court did not err in finding that the plaintiff failed to sufficiently establish a causal link between her abdominal pain and the endo catch bag left in inside her, the Court looked to her expert’s testimony that could not definitively link the endo catch bag to her abdominal pain beyond more than a mere possibility of the cause of the pain. During discovery, it was established that plaintiff had pre-existing abdominal pain prior to the surgery in 2016 and had numerous health conditions that cause abdominal pain. Although there was no disagreement amongst the parties that leaving an endo catch bag in a patient is a breach of the standard of care, the court found that because “[t]he record reflects that during the time the foreign object was in Ms. Stoudt’s abdomen, she had multiple conditions present simultaneously which could cause abdominal pain,” and in fact had “had abdominal pain before her 2016 surgery and after the foreign object was removed from her abdomen in 2018,” the court found “this case is not one where “the cause of injury is reasonably direct or obvious, thereby removing the need for medical testimony linking the negligence with the injury,” and “quite the opposite” required expert testimony, which did not establish the causal link. Reviewing the record, the court found her expert “was merely speculating regarding possible causes of abdominal pain.

Importantly, the Court upheld prior precedent regarding causation. Looking to decisions like Dellinger, Tolley, Serbin, Spencer, and Sexton, the Court found that expert testimony must, essentially, eliminate the possibility of other possible causes and sufficiently link the alleged negligence of the defendant as the cause of the injury. Being a potential cause of harm is insufficient to establish causation under West Virginia law as “the law is clear that the mere possibility of causation is not sufficient to allow a reasonable jury to find causation.” Tolley v. ACF Industries, 212 W. Va. 548, 558, 575 S.E.2d 158, 168 (2002).
Get Ready for National Preparedness Month
The month of September has been proclaimed National Preparedness Month. During this month we honor all of our first responders, who run toward disaster at a moment’s notice. We also recognize that everyone is best prepared to face disaster when we have resources and support from our communities.

Understanding that our population is facing greater risks when it comes to the multitude of extreme weather events and emergencies, especially those individuals that are living alone, are low-income, have a disability or live in rural areas, the 2023 National Preparedness campaign focuses on preparing our population for disaster.

There are many ways to take action and prepare before a disaster occurs. Listed below are 12 important ways to help yourself, your family, and your community increase your preparedness.
  • Sign up for Alerts and Warnings
  • Make a Plan
  • Save for a Rainy Day
  • Practice Emergency Drills
  • Test Family Communication Plan
  • Safeguard Documents
  • Plan with Neighbors
  • Make your Home Safer
  • Know Evacuation Routes
  • Assemble or Update Supplies
  • Get involved in Your Community
  • Document and Insure Property

Simple actions at home and in your neighborhood can make a big difference. To access more information about preparedness please visit www.ready.gov/September.
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 (baileywyant@gmail.com) or give us a call.
304.345.4222 CHARLESTON
304.233.3100 WHEELING
304.901.2000 MARTINSBURG 

Sincerely, 

Bailey & Wyant, PLLC
304-345-4222