Firm News

[02/22/10] The United States Magistrate Judge granted a Motion to Dismiss prepared by David L. Wyant and April J. Wheeler in the representation of the Department of Transportation and Paul A. Mattox, Jr., Secretary of West Virginia Department of Transportation, in the case of David C. Corson v. Paul A. Mattox, Jr., Secretary of Transportation, West Virginia Department of Transportation, and Roger Propst, Superintendent of Schools, Calhoun County Board of Education, Civil Action No. 1:09-CV-65. In this case, Mr. Corson asserted the defendant had a duty to replace a low water bridge near his home in Calhoun County, West Virginia. The plaintiff's claims were asserted under § 504 of the Rehabilitation Act of 1973 (29 USC § 794) and the Americans with Disability Act. It was successfully argued to the Court that the statutes were not applicable, that the defendants were entitled to sovereign immunity, and that the defendants were entitled to dismissal of the claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

[02/22/10] Mark A. Kepple of the firm's Wheeling office argued and won summary judgment on behalf of a defendant in the Common Pleas Court of Jefferson County, Ohio in a matter involving a claim that the plaintiff was the victim of a hit-and-run accident and that the defendant caused the accident. Following completion of discovery, the defendant moved for summary judgement asserting that the plaintiff could not meet his burden of proof to establish that it was the defendant that was the involved driver. The Court agreed and the defendant was dismissed, with prejudice.

[02/17/10] Billie Jo Streyle taught high school students at the West Virginia Division of Juvenile Services about necessary skills to be successful in the work force. Ms. Streyle volunteered to teach a serious of seven classes to the students through West Virginia Junior Achievement, a non-profit organization, in an effort to help high school students learn their potential to achieve their professional goals and to the teach them the tools to help them reach their goals.

[02/17/10] Sang Ah Koh was a presenter at Sterling Education Services, Inc.'s Employment Law seminar in Huntington. Ms. Koh discussed issues related to employer compliance with immigration laws.

[02/13/10] Bailey & Wyant was a proud sponsor of the West Virginia Symphony Orchestra's "A Night on Broadway" concert. Also performing was West Virginia's own Mark McVey, who made his mark while on tour in the role of Jean Valjean in 'Les Miserables.'

[01/27/10] Vaughn Sizemore and Benjamin Warder successfully defended Marshall University in a suit alleging that the plaintiff fell on a defective sidewalk on University property. The plaintiff attempted to establish the dangerous condition of the sidewalk through expert testimony of a physical engineer. The jury returned the verdict in favor of Marshall finding that the sidewalk where the plaintiff fell was not unreasonably dangerous.

[01/22/10] David Wyant and Diane Senakievich obtained a summary judgment for the WV DHHR in a wrongful adoption matter. Plaintiffs alleged that defendant committed fraud, negligence and breach of contract in relation to two adoptions. The Circuit Court of Kanawha County held that the plaintiffs' failed to provide the necessary proof for a claim of fraud and that the remaining tort and contract claims were barred by the applicable statute of limitations.

[01/14/10] Vaughn T. Sizemore and Kelly C. Morgan successfully defended a Petition for Appeal before the West Virginia Supreme Court from a jury verdict in Tucker County, West Virginia. Petitioner was a former teacher who had tested positive for marijuana during a random drug test, who requested and was permitted to resign in order to apply for disability benefits instead of being terminated and possibly having his teaching license revoked. Although the Plaintiff admitted to using marijuana, he asserted that the drug test was only used to discriminate against him. The West Virginia Department of Education filed a counterclaim against the Plaintiff for breaching the agreement to allow him to resign. The jury found that the West Virginia Department of Education had not discriminated against the Plaintiff and that the Plaintiff had breached the agreement to allow the Plaintiff to resign. The West Virginia Supreme Court refused the Petition for Appeal in a decision of 5-0.

[01/08/09] Congatrulations to Bailey & Wyant attorneys Jason and Kristen Hammond. The couple were blessed with the arrival of their first baby, Victoria Ann!

[12/15/09] Sang Ah Koh will be a presenter at Sterling Education Services, Inc.'s March 18, 2010 seminar in Charleston, "Fundamentals of Employment Law." Ms. Koh will be discussing issues related to employer compliance with immigration laws.

[12/11/09] Marc J. Slotnick was awarded Affiliate of the Year for 2009 by the Kanawha Valley Board of Realtors for "the Outstanding and Unselfish Service Given to the Real Estate Profession" presented at their annual lunch on December 11, 2009.

[12/10/09] In the spirit of the Holidays, Bailey & Wyant's lawyers and staff invested some of their time and effort to make the lives of the less fortunate in their community a bit better. This year the firm took on three worthy causes. They continued their partnership with J.E. Robins Elementary School in Charleston, by participating in the Secret Santa Program, and also sponsored a luncheon and gift cards for the ladies at the YWCA's Shanklin Center, also in Charleston. To top things off the lawyers and staff became actively involved in the Toys for Tots program and proudly filled three large boxes with toys for the U.S. Marine Corps to deliver to underprivileged children in the community.

[12/04/09] Congratulations to Billie Jo Streyle and Jason Winnell! The two were named as the firm's newest Members during the annual Holiday Open House Party.

[12/01/09] Bailey & Wyant will be hosting its annual Holiday Open House Party in its Charleston office on December 4, 2009 from 5:00 p.m. to 7:00 p.m.

[11/17/09] Billie Jo Streyle and Chuck Bailey obtained dismissal on 5 actions filed in State Court against high ranking public officials. They obtained dismissal on an Amended Complaint filed against Governor Joe Manchin, III, dismissal on Amended Complaint filed against Attorney General Darrell McGraw, dismissal on an Amended Complaint filed against Jane L. Cline, Insurance Commissioner, Dismissal of a Petition filed by Plaintiff against Attorney General Darrell McGraw regarding client complaints filed with the Board of Osteopathy, and Dismissal of Petition seeking relief against Insurance Jane L. Cline, Insurance Commissioner regarding a notice of termination.

[11/01/09] Marc Slotnick and Amy Haynie represented our sister firm, Bailey, Joseph & Slotnick, PLLC, at the Housing 101 Expo presented by Kanawha Valley Board of Realtors.

[10/23/09] Charles Bailey and Kelly Morgan obtained a summary judgment ruling in a dental malpractice case. Plaintiff alleged that Defendant deviated from the standard of care in treating Plaintiff's dental infection in performing a root canal. Specifically, Plaintiff alleged that performing the root canal led to bacterial endocarditis, which ultimately caused him to suffer from a stroke. The Circuit Court of Putnam County held that plaintiffs' standard of care expert, who was a cardio-thoracic surgeon, lacked the expertise to render an opinion about endodontic care. As such, the Plaintiff failed show any evidence that the Defendant deviated from the standard of care in treating dental infections and in performing the root canal.

[10/20/09] Congratulations to Ben Warder and Jordan Herrick. The two were sworn in to practice law by both the Supreme Court of Appeals of West Virginia and the U.S. District Court for the Southern District of West Virginia.

[10/12/09] Charles R. Bailey, Managing Member of the firm's Charleston office, has been named by the Governor of the State of West Virginia to serve on the Committee to appoint a new Circuit Court Judge in the Circuit Court of Kanawha County.

[10/11/09] Charles R. Bailey attended the annual meeting of the Defense Research Institute. Mr. Bailey participated in panel counsel meetings with Chartis Insurance and Federated Mutual Insurance Company.

[09/30/09] Charles R. Bailey and Robert P. Martin presented an overview of new case law and developments regarding insurance coverage and liability. The conference was attended by officials from the West Virginia Association of Insurance Companies.

[09/30/09] David Mincer and Kelly Morgan obtained a summary judgment ruling in a property damage case involving flooding. The property owners alleged that, prior to purchasing the property, they advised their realtor that they were seeking property located outside of a flood plane or property not otherwise prone to flooding. After purchasing, the buyers learned that the property had been previously severely flooded. The court found that prior flooding was not a hidden defect; that a signed disclosure was sufficient to place the buyers on notice, and that the buyers had a duty to conduct a reasonably diligent inspection. The court also held that a real estate broker and agent does not have an independent duty to inspect and uncover latent defects on residential premises and can only be held liable for a material misrepresentation with regard to the fitness or habitability of the property or a failure to disclose a defect in the property which substantially effects the value or habitability, of which the should have been aware of which the purchaser was unaware and would not have been able to discover by a reasonably diligent inspection.

[09/29/09] George Joseph and Jason Winnell presented a seminar on issues affecting excess insurers to Chartis Insurance in New York, NY.

[09/17/09] Vaughn Sizemore was the guest speaker at Capital High School for its Constitution Day seminar. Mr. Sizemore gave his speech to the student body of the school about the creation of the constitution, the Bill of Rights, and the other Amendments to the Constitution. He also discussed significance and relevance of the Constitution to the students.

[08/29/09] Billie Jo Streyle obtained a dismissal of Governor Joe Manchin, III in a prisoner's rights case alleging discrimination.

[08/29/09] Billie Jo Streyle obtained a dismissal of Governor Joe Manchin, III in a prisoner's rights case alleging discrimination. The Circuit Court of Kanawha County found that the plaintiff failed to state a claim upon which relief could be granted. The Court found that the Governor was entitled to qualified immunity and that no special relationship exception existed between the Governor and the plaintiff; therefore, the public duty doctrine was applicable.

[08/26/09] Chuck Bailey and Sang Ah Koh obtained summary judgment on behalf of ADP Totalsource FL XI, a human resources services provider, in a case alleging compensation discrimination, wrongful termination, and wrongful eviction. The United States District Court for Southern District of West Virginia held that ADP TS was not involved in Plaintiff's rate of pay, her termination, her eviction, or in any of the alleged torts that were committed against her. Rather, it merely served as an administrative arm of the companies who actually employed her.

[08/26/09] Mark A. Kepple, a Member in the firm's Wheeling office, recently obtained a dismissal of his client by Summary Judgment Motion in a complex, multiple tractor trailer accident case involving multiple personal injury claims. The matter was pending in the Common Pleas Court of Belmont County, Ohio. This judgment demonstrates the firm's multi-state, regional insurance defense capabilities and the proper outcome of aggressive, cost effective resolution strategies.

[08/20/09] Bob Martin, Billie Jo Streyle and Jim Marshall successfully obtained a mandate from the United States Circuit Court of Appeals for the Fourth Circuit on behalf of Fireman's Fund Insurance Company in the case of Cornett Management Company v. Fireman's Fund Insurance Company, et. al. Cornett employed two female employees who filed suit claiming that a Cornett supervisor falsely imprisoned them by improperly conducted a strip search. Cornett sought reimbursement for settlement costs and attorneys fees arising from the lawsuit, under an insurance policy issued by Fireman's Fund. The Fireman's Fund policy provided coverage for claims arising from "personal injury," which include "[f]alse arrest, detention or imprisonment." However, Fireman's Fund denied coverage for the claim under an "Employment-Related Practices Exclusion" attached to the policy that excluded coverage for personal injuries arising out of coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies, acts or omissions. The Fourth Circuit heard oral argument and subsequently affirmed summary judgment in favor of Fireman's Fund finding that the supervisor's strip searches of the two female employees were actions intended to humiliate, coerce, or harass the employee, which clearly effected the employment relationship. Such acts were found to be employment-related and, under West Virginia law, fall within the language of the ERP exclusion at issue.

[08/13/09] George Joseph and Billie Jo Streyle presented a seminar on handling Title 9 and Sexual Harassment matters for the Kanawha County Board of Education.

[08/13/09] Marc Slotnick, George Joseph, and Clayton Anderson presented a seminar on Estate Planning. A copy of the PowerPoint presentation can be downloaded here.

[06/25/09] Charles Bailey, Managing Member of Bailey & Wyant, PLLC's Charleston office, has been named a 2009 Super Lawyer in the area of General Litigation by Super Lawyers magazine. Super Lawyers represent only 5 percent of lawyers in any jurisdiction and candidates are evaluated and selected based on various indicators of peer recognition and personal achievement. He has also been recognized as a 2009 Lifetime Member by The Cambridge Who's Who Registry of Executives, Professionals and Entrepreneurs.

[06/20/09] Congratulations to Kelly Morgan. With her Buffalo Chicken Chili, Kelly won first place in the law firm division of the 2009 Smoke on the Water Chili Cookoff in Charleston, WV. The event brought in $8,000 for HospiceCare Inc. Another $1,500 was raised through the cookoff's Run for Your Life 5-mile race for colorectal cancer awareness and screening through the Charleston Area Medical Center Foundation.

[06/11/09] Bailey & Wyant is very proud to announce that Dave Wyant, Managing Member of the firm's Wheeling office, will be installed next week as the new President of the Defense Trial Counsel of West Virginia.

[06/12/09] Tom Buck and Mark Kepple were presenters at the NBI seminar, "Settling Uninsured and Underinsured Motorist Claims," in Wheeling, WV.

[05/18/09] David Mincer and Kelly Morgan won on appeal before the Supreme Court of Appeals of West Virginia involving a matter brought by Parents of a Kanawha County student against the Kanawha County Board of Education. THe case was involved a physical and verbal altercation with another parent in the Dunbar Middle School parking lot during a basketball game. Judge Tod J. Kaufman of the Circuit Court of Kanawha County granted summary judgment holding that the Kanawha County Board of Education did not owe the Plaintiffs a duty and that the Kanawha County Board of Education was entitled to qualified immunity because the Plaintiffs failed to show that the School or the Board violated any law, rule, regulation or standard, and there was no allegation that either acted maliciously. The West Virginia Supreme Court refused to accept the appeal.

[05/14/09]The Charleston office of Bailey & Wyant would like to welcome its two summer law clerks---Aron Berry and Sarah Patterson. Mr. Berry is a 2L and Ms. Patterson is a 1L. Both are students at West Virginia University College of Law.

[05/11/09] Bailey & Wyant is proud to announce the hiring of Mikal-Ellen Bennett. Ms. Bennett will be practicing in the firm's litigation department, and will handle cases dealing with product liability, bankruptcy and creditors' rights, and corporate litigation. She is currently a candidate for a Masters of Science degree in Molecular Biology/Biochemistry at Marshall University's Graduate College and is a registered patent attorney.

[05/01/09] George Joseph, David Schumacher, and Jason Winnell obtained a ruling from the Circuit Court of Putnam County, WV setting aside a $2.5 million default judgment entered against a Chicago, IL trucking firm arising out of a motor vehicle accident in Nitro, WV.

[04/28/09] Billie Jo Streyle won a motion to strike the Plaintiff's request to reconsider in the Circuit Court of Kanawha County. The Plaintiff requested the Court reconsider its ruling dismissing the Plaintiff's abuse of process claims, pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The Court refused to reconsider its prior decision and upheld the dismissal of the abuse of process claim.

[04/26/09] David Mincer and John Fuller obtained a directed verdict in favor of the West Virginia Department of Environmental Protection. In Watton v. West Virginia Department of Environmental Protection, the Plaintiff alleged that the WVDEP, through its employees, entered a special relationship with the Plaintiff promising to protect soil and vegetation on her property from a neighboring property owner. The matter went to trial before Judge Burger in Kanawha County on April 13, 2009. On April 21, 2009, after the Plaintiff had completed her case-in-chief, the West Virginia Department of Environmental Protection, as well as two co-defendants, were granted directed verdicts.

[04/24/09] Thomas E. Buck and April J. Wheeler of our Wheeling office received a favorable ruling in the case of Hill v. Northern Panhandle Head Start. Bailey & Wyant represented the defendant in this employment discrimination case, which included allegations of sexual harassment. The defendants moved for Summary Judgment at the Circuit Court level and received a favorable ruling. Plaintiff appealed this matter to the West Virginia Supreme Court of Appeals. The defendants opposed plaintiff's Petition. On April 8, 2009, the Supreme Court ruled in favor of the defendant and denied plaintiff's Petition for Appeal. The ruling in favor of the defendant at the Circuit Court level stands.

[04/21/09] Billie Jo Streyle won a motion to dismiss the Plaintiff's Complaint in the Circuit Court of Kanawha County. The Plaintiff alleged a primae facie tort against all Defendants by relying on a criminal provision to implicate civil liability. The Court dismissed the claim, because the criminal provision did not implicate civil liability against the Defendant

[04/21/09] Billie Jo Streyle won partial summary judgment in the Southern District of West Virginia. The Federal Court dismissed the Plaintiff's claims for retaliation pursuant to the West Virginia Human Rights Act and American with Disabilities Act. The Court found the Defendant did not take any adverse against the Plaintiff; therefore, the claims were dismissed, because there was no genuine issue of material fact.

[04/13/09] Bailey & Wyant is happy to announce the hiring of Clayton G. Anderson and Amy Haynie. Clayton will be orking in the firm's litigation department, while Amy will be primarily working for our sister real estate firm, Bailey, Joseph & Slotnick.

[03/27/09] Vaughn T. Sizemore and Kelly C. Morgan obtained a defense verdict for the West Virginia Department of Education following a jury trial in Tucker County, West Virginia. The matter involved a former teacher who had tested positive for marijuana during a random drug test, who requested and permitted to resign in order to apply for disability benefits, instead of being terminated and possibly having his teaching license revoked. The former teacher filed a lawsuit two years after resigning alleging that he had been discriminated against based on a disability from injuries sustained in a car wreck seven years earlier, and because he was eligible to apply for workers' compensation after allegedly falling prior to the random drug test. The Plaintiff admitted to using marijuana but asserted that he could not have tested positive for marijuana because he stopped using marijuana a month earlier when a new random drug testing procedure was implemented by the facility where he worked. Plaintiff asserted that the drug test was only used to discriminate against him. The West Virginia Department of Education filed a counterclaim against the Plaintiff for breaching the agreement to allow him to resign. The jury found that the West Virginia Department of Education had not discriminated against the Plaintiff and that the Plaintiff had breached the agreement to allow the Plaintiff to resign.

[03/15/09] Chuck Bailey will be presenting a seminar on Strategic Trial Techniques in employment discrimination matters on behalf of NBI on April 28, 2009.

[03/04/09] Congratulations to Chuck Bailey and Bob Martin. Bailey & Wyant's dynamic duo are featured as the cover story for the Winter 2009 edition of West Virginia Executive Magazine.

Charles R. Chuck Bailey Robert P. Bob Martin Bailey & Wyant

[03/03/09] Seven in a row! Bailey & Wyant has obtained seven consecutive favorable decisions from the Supreme Court of Appeals of West Virginia. The cases include Roberts v. West Virginia-American Water Company, Sturm v. Kanawha County Board of Education, Falls v. Union Drilling, Christopher v. River Riders, Yoak v. Marshall University, and Fredeking v. Tyler.

[03/02/09] Brian Morrison won an an appeal before the Supreme Court of Appeals of West Virginia involving a motor vehicle accident and the ownership of a motor vehicle. After admitting liability on behalf of the defendant, and despite not putting on any witnesses in defense of the claims asserted by the plaintiff, at trial in the Circuit Court of Cabell County Mr. Morrison nonetheless received a defense verdict for his client, with the jury finding that the plaintiff had not sustained her burden of proving ownership of the subject vehicle. The trial court reversed the jury's verdict, finding as a matter of law that the plaintiff had succeeded in her claim. Mr. Morrison, on behalf of his client, appealed the trial court's Order which set aside the jury verdict. On appeal, the Supreme Court held, in essence, that the jury's verdict was supported by the facts and, as such, the jury's verdict should not have been disturbed by the trial court.

[02/26/09] Brian Morrison was recently successful in obtaining a dismissal from the Circuit Court of Greenbrier County of his clients in a case filed by plaintiffs who had failed to properly or timely serve the defendants with the Summons and Complaint. The plaintiffs had moved the trial court for additional time in order to perfect service of process; however, the trial court denied the plaintiffs' motion, finding that their delay in seeking additional time to perfect service of process showed a lack of diligence on their part and, as such, granted the defendants' motion to dismiss

[02/20/09] Chuck Bailey, Jason Hammond, and Kelly Morgan attended the WV Coal Symposium held at the Civic Center in Charleston, WV. The Symposium was attended by hundreds of individuals involved in the mining, sale and production of coal. The Conference topics included environmental concerns, health and safety, rules and regulations and new and improved mining techniques. Senator Jay Rockefeller of West Virginia gave a speech emphasizing the role of coal in solving the nation's energy crisis and West Virginia's leadership role in the production of coal.

[01/16/09] Bailey & Wyant is happy to announce the integration of Trialworks case management software into the firm's operations. The system allows Bailey & Wyant to streamline its document management efforts and reduce internal use of paper.

[01/08/09] For the fourth consecutive year, Bailey & Wyant sent a representative of the firm to the Annual National Trial Advocacy College at the University of Virginia College of Law. The challenging program is designed to heighten advocacy skills through an intensive five days of personal training. Past attendees from Bailey & Wyant in include Todd Sponseller, Kelly Morgan and Jason Winnell.