Firm News
[06/20/08] Vaughn T. Sizemore successfully defended the Kanawha County Board of Education and several of its individually named employees when Judge Joseph R. Goodwin of the District Court for the Southern District of West Virginia granted the defendant's motion to dismiss in the case of Bess, et al. v. Kanawha County Board of Education, et al.
[05/11/08] Bailey & Wyant was recently added to AIG's panel counsel list for workers’ compensation, environmental litigation and insurance coverage.
[05/10/08] Bailey & Wyant is proud to announce the addition of three new summer law clerks, Tiffany Walden (Morgantown, WV), Leigh Wilson (Orlando, FL), and Ben Warder (Huntington, WV). Tiffany and Leigh are enrolled in William & Mary School of Law in Williamsburg, VA, while Ben is enrolled at West Virginia University College of Law. Later this summer, WVU College of Law student Anna Dissen (Charleston, WV) will join the firm as a summer law clerk for the second time in as many years. All of the firm’s law clerks will be entering their third and final year of study this fall.
[05/08/08] On July 16, 2008, Billie Jo Streyle will be a presenter at a continuing legal education seminar entitled, “Employee Discharge & Documentation: How Not to Become a Defendant.” The seminar is hosted by the National Business Institute, and will be presented at The Summit, 129 Summers Street, Charleston, WV. The seminar is a must for employment attorneys and human resources professionals. If you would like more information, visit NBI’s website at www.nbi-sems.com.
Chuck Bailey has been appointed to a committee to oversee the administration of investment proceeds from a recent $8 million gift given to the West Virginia University College of Law. The gift constituted unclaimed money from a settlement of a nationwide class-action lawsuit against H&R Block Inc. The investment proceeds are expected to be about $400,000 per year and will boost the school's annual endowment by approximately 30%.
On April 11, 2008 Robert P. Martin, Ryan J. Flanigan and James W. Marshall successfully defended landowners in a civil suit filed in Putnam County. The suit alleged that the Defendants, landowners, were negligent in not securing a public utility water meter cover located on their property. The plaintiff allegedly injured himself while walking on the landowners' property and falling through the unsecured water meter cover. Robert Martin and James Marshall prepared the motion to dismiss and Ryan Flanigan argued the motion before the court. Judge Edward Eagloski granted the Defendants' motion to dismiss finding that the Defendants had no duty to insure the water meter cover was secure.
On April 09, 2008 Mark A. Kepple of the Wheeling office obtained a defense verdict following a jury trial in Jefferson County, Ohio. The matter involved two claims for personal injuries, property damages and lost wage claims of husband and wife motorcyclists. The accident which formed the basis of the litigation occurred when the plaintiffs rounded a bend in a back country road to find that our client, a mobile home transport company, was blocking the road while towing an 80 foot long 16 foot wide load. To complicate matters further, the load was off of its permitted route and in violation of curfew prohibitions for loads of this size. At issue in the liability portion of the case were matters of warning, speed, due care, line site visulation, vehicle off-tracking calculations, vehicle design, elevation and superelevation of the roadway, Permanent injuries to one plaintiff's hand and elbow were clear. The past claimed medical specials were in excess of $10,000 and plaintiff's presented further evidence that a future surgery of a bone osteotomy in the carpometacarpal joint of the hand would be necessary. After numerous fact and expert witnesses offered testimony on liability and damages, the jury returned a verdict in favor of the defendant on all counts.
On April 8, 2008, Mark Troy, David Mincer and John Fuller presented a seminar to various representatives of West Virginia-American Water Company and Travelers Insurance on legal issues commonly faced by WVAWC. The seminar provided a well-informed, in-depth analysis of liability and damages issues faced by utilities, landowners and contractors in cases involving line breaks, landslides, and mold.
On March 19, 2008, Bailey & Wyant, PLLC was a primary sponsor of the Business After Hours held during the 29th Annual West Virginia Equipment, Technology & Design Exposition. The event featured food and spirits spread throughout the busy exhibition show floor. The EXPO is put on yearly by the Contractor's Association of West Virginia, drawing several hundred exhibitors and thousands of attendees. Bailey & Wyant is excited to be an Associate Member of the CAWV, and Member Jason Hammond proudly serves on the CAWV's EXPO, Safety and Young Contractors Committees.
On February 10, 2008, George Joseph and Jason Winnell provided an employment law seminar to attendees of the 2008 Annual Meeting of the West Virginia Association of the Counties. The seminar focused on hiring and firing practices, personnel file retention, and wrongful termination.
On February 2, 2008, Chuck Bailey spoke at WVCLE's Litigation Seminar in Canaan Valley. Chuck's presentation focused on suits against the state and its political subdivisions, as well as insuring considerations for governmental and non-profit entities.
On January 14, 2008, Andy McQueen joined the firm as an Associate attorney. Andy will focus his practice on governmental liability, employment law matters, and general insurance defense.
Vaughn T. Sizemore obtained summary judgment in a federal court action against the Kanawha County Board of Education in an action alleging violations of the Individuals with Disability Education Act, Section 1983, Section 504, American's with Disabilities Act, and the West Virginia Human Rights Act in the case of J.D. v. the Kanawha County Board of Education. Judge Robert Goodwin with the District Court for the Southern District of West Virginia initially bifurcated the action into action to deal with the IDEA appeal before a trial on the remaining claims. He granted summary judgment on the IDEA claims without ruling on the remaining claims, finding that the Kanawha County Board of Education provided the student with a free appropriate public education. In a second ruling, Judge Goodwin addressed the remaining claims by granting summary judgment in favor of the defendants.
Jared Tully is serving on a task force created by the West Virginia Public Service Commission to address the issues surrounding the collection and remittance of enhanced 911 fees by providers of interconnected voice over internet protocol (VoIP) telephone service and to develop regulations for collecting the fees in light of emerging VoIP technology. This task force is part of a general investigation by the Public Service Commission into the collection and remission of VoIP 911 fees.
Robert P. Martin, Ryan J. Flanigan and James W. Marshall successfully defended a member of the tourist industry, Route 66 Ski & Snowboard Shop, in a civil suit filed in Pocahontas County. The suit alleged that Route 66 Ski & Snowboard Shop was negligent and in breach of contract in renting rafts to the plaintiffs and allowing them to utilize the rafts in a dangerous manner on the Greenbrier River. Judge James J. Rowe granted the Defendant's motion for summary judgment finding that the plaintiffs suffered no damages.
In January 2008, Brian Morrison tried a case in Mercer County wherein he defended a gentlemen allegedly to have injured the plaintiff who, at the time of the accident, it alleged to have been standing in the bed of the defendant's pickup truck. As a result of this incident, the plaintiff sustained a severely broken ankle. However, after deliberating for just 15 minutes, the jury returned a verdict in favor of Mr. Morrison's client, the defendant, finding that the defendant was not negligent or responsible for the plaintiff's injury.
Bailey & Wyant is proud to announce the Partnership of Jason Hammond. Jason works out of the firm's Charleston office, and practices in the areas of General Civil Litigation & Insurance Defense, Labor & Employment, Product Liability & Personal Injury, Governmental Liability, Environmental Law & Natural Resources, Medical & Healthcare Malpractice, Construction & Design Defect, and Corporations & Business Litigation. He is married to Kristin Vickers Hammond, an Associate in the firm's Charleston office. If you would like to speak with Jason about a legal matter, please feel free to contact him at the Charleston office telephone number, or by email at jhammond@baileywyant.com.
Mark Troy and Jason Winnell obtained a favorable defense ruling from the Supreme Court of Appeals of West Virginia in the matter of Roberts v. West Virginia-American Water Company. The Court's opinion discussed the discovery rule and the continuing tort theory. Prior to the ruling, there existed some confusion between existing opinions as to which doctrine applied in situations where damages were caused by a single, isolated event, but were continuing in nature. Finding that the petitioner's property damage arose out of the discrete act of installing a water line, the Court ruled, "The distinguishing aspect of a continuing tort with respect to negligence actions is continuing tortious conduct, that is, a continuing violation of a duty owed the person alleging injury, rather than continuing damages emanating from a discrete tortious act. View the PDF
On October 12, 2007, Charles Bailey will be a presenter in a continuing legal education course addressing public contracts and procurement regulations in West Virginia. View a copy of the itinerary.
On October 2, 2007, Billie Jo Streyle-Anderson provided a seminar to supervisors at Mountain CAP of West Virginia. The seminar focused on federal and state anti-discrimination laws applicable to employers. The topics covered in the seminar included a discussion relating to prohibition against discrimination in the hiring process, negligent hiring claims and employer liability, the law in relation to pre-employment and post-employment drug testing, the legalities with respect to criminal background checks, the importance of documenting employee personnel files, the benefits of conducting performance appraisals, and the prohibition against sexual harassment in the work place. Ms. Streyle-Anderson will be conducting a subsequent seminar for the supervisors of Mountain CAP, which will focus the legal restrictions that employers need to be aware of in terminating at-will employees.
Bailey & Wyant proudly announces its partnership with West Virginians for Better Transportation. WVBT is a non-profit, qualified organization set up to help educate West Virginians on the operational, improvement and expansion needs of the transportation system in West Virginia.
Charles Bailey has been appointed to the West Virginia University College of Law Development Council. The Development Council oversees present and future capital improvement projects for the WVU College of Law, and also assists in coordinating funding for the same. His term expires in 2011.
On September 3, 2007, Bob Martin sang with the West Virginia Symphony Orchestra at the Beckley Area Foundation's 21st Annual Labor Day Concert. The Concert was dedicated to the memory of Ruby Anderson Carter, who died on November 19, 2006. Ms. Carter previously oversaw the operation of The Carter Family Foundation, which provides funding for the operation of religious, charitable, scientific, public safety, literary, and education endeavors. View the PDF concert brochure.
Jason Winnell will be participating in the Charleston Area Alliance's 2007-2008 class of Leadership Kanawha Valley. The objectives of
Leadership Kanawha Valley are to develop, inform, train and enhance committed potential leaders to understand the issues and needs of our community; create an environment, which nurtures participant involvement in the community through volunteerism, service organizations, and board appointments; and create the opportunity for potential leaders to meet, establish rapport and maintain ongoing professional relationships
Bailey & Wyant is proud to announce that Jason Winnell will assume the position of Marketing Director for the firm beginning September 1, 2007.
The Charleston law office of Bailey & Wyant proudly announces the Partnership of Vaughn Sizemore, and the return of Brian Morrison and Billie Jo Streyle-Anderson. Mr. Sizemore's practice areas include constitutional law, education law, and consumer protection. Mr. Morrison handles a variety of insurance defense matters and is an experienced trial attorney. Ms. Streyle-Anderson regularly represents State agencies, counties, and municipalities in civil litigation matters. She previously served as Director of Personnel for the State of West Virginia where she was appointed by Governor Joe Manchin, III. View the PDF.
Vaughn T. Sizemore successfully defended the West Virginia State Employee and Education Grievance Board, in a suit filed against it by Andrew Maier, a former administrative law judge with the Board. Mr. Maier alleged that his employment was terminated in violation of a substantial public policy. Judge Jennifer Bailey-Walker granted the defendant's motion for summary judgment.
Vaughn T. Sizemore successfully defended the West Virginia Board of Medicine in a suit filed by Rakesh Wahi, M.D. In this suit, Dr. Wahi alleged that the Board violated his due process rights by conducting three investigations of his medical license. After Judge Charles King granted the defendant's motion for summary judgment, the plaintiff filed a petition for appeal with the West Virginia Supreme Court of Appeals. The Supreme Court denied the petition.
Vaughn T. Sizemore successfully defended Marshall University in a suit filed by Matthew Brian Yoak, M.D. Dr. Yoak was an assistant professor at the School of Medicine and was also employed by University Physicians and Surgeons. The Plaintiff alleged that his due process rights were violated and that Marshall breached his employment contract when his employment was terminated. After successfully having the case dismissed for inappropriate venue, and having the case transferred from Kanawha County to Cabell County, Judge David Pancake granted the defendant's motion to dismiss.
Thomas E. Buck and Mark A. Kepple, representing the defendant, recently tried a case to verdict in March 2007, in Belmont County, Ohio. The matter related to a motor vehicle accident in which injuries were claimed by a passenger of a vehicle. The accident resulted in substantial property damage to the vehicle and the jury was shown graphic pictures of a mangled car. The seat in which the plaintiff was seated was sheered off and reported by the emergency personnel to be physically in the rear passenger compartment. The "jaws of life" were used to cut the center pillar of the vehicle and extract the plaintiff from the vehicle. The plaintiff was life-flighted to the nearest Trauma II hospital. The plaintiff reported medical specials in the past of approximately of $24,591.64. Plaintiff claimed future medical expenses of approximately $235,000.00. The total reported medical specials exceeded $259,591.64. Additionally, there was a claim for past lost wages and future lost wages in the six figure range. A non-negotiable policy limits demand was made before trial. The jury returned a verdict of $67,500, well below the policy limits.
Mark A. Kepple representing an insurance company tried an underinsured motorists personal injury case to verdict in July, 2007 in Belmont County Ohio. The plaintiff in that case claimed to have sustained over $25,000 in medical damages, had surgery to her neck, and claimed permanent disability of a 50% reduction in neck movement as a result of the collision. Plaintiff claimed a past wage loss claim of over $50,000, a permanent future loss of income, and a permanent inability to engage in her chosen profession. The jury returned a verdict that the plaintiff was not entitled to any underinsured motorists benefits and had no future damages. Prior to trial there was a non-negotiable policy limits demand for the entire proceeds underinsured policy.
Charles Bailey and Kelly Morgan successfully defended the West Virginia Board of Medicine in a Petition for Writ of Prohibition filed by Katherine Hoover, M.D. Dr. Hoover has filed a series of legal actions trying to prevent the West Virginia Board of Medicine from moving forward on a disciplinary complaint that originated several years ago when Katherine Ann Hoover, M.D. examined a patient. The Circuit Court of Kanawha County, WV originally granted Dr. Hoover's Petition for Writ of Prohibition and, as a result, the firm of Bailey & Wyant was retained to represent the interests of the West Virginia Board of Medicine. The Court, after reviewing the memorandum of law filed and hearing oral arguments, concluded that the Petition for Writ of Prohibition was not justified and that the West Virginia Board of Medicine could proceed before an Administrative Law Judge to try and establish its case against Katherine Ann Hoover, M.D.
Charles R. Bailey and Vaughn T. Sizemore successfully defended Jennifer Meadows, the court reporter for the Honorable Jay Hoke of the Lincoln County Circuit Court, in a suit filed against her by A.T. Massey Coal Company, et al. The basis of the Complaint was that Ms. Meadows failed to timely prepare a transcript of an appeal of a decision against Massey in the sum of $50,000,000. Massey Coal Company and its subsidiaries filed a Complaint in the United States District Court for the Southern District of West Virginia at Charleston. The firm of Bailey & Wyant was retained to represent Jennifer Meadows, who is an employee of the West Virginia Supreme Court of Appeals. The firm filed a motion to dismiss on behalf of Ms. Meadows on the grounds that the trial was transcript was eventually certified by the Circuit Court of Lincoln County and that no legal precedent existed to support Massey's claims for damages.
Judge Faber granted Ms. Meadows' Motion to Dismiss with prejudice.
On April 20, 2007, David L. Wyant and Diane Senakievich, secured a defense verdict following a five day trial in Ohio County, West Virginia. The plaintiff claimed that her husband was wrongfully killed in a single vehicle accident. Plaintiff alleged that the decedent's nephew was operating the automobile at the time of the accident. However, after deliberating for nearly 30 minutes, the jury returned a verdict in favor of the defendants, finding that the decedent was driving the automobile at the time of accident.
On June 21, 2006, David J. Mincer and Jared M. Tully secured a defense verdict in a dog bite trial in Clay County, West Virginia. Despite only asking for $300 in the counterclaim, the jury awarded the defendant $2500.


