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 August 10, 2006, Justin C. Taylor, Ryan J. Flanigan, and Robert P. Martin, representing the West Virginia Division of Corrections, secured a jury verdict following a four day trial in Mason County, West Virginia. The plaintiff claimed that the chair wheels (casters) were inappropriate for the floor at the DOC facility, and as a result skated out from under her as she attempted to sit in the chair, causing severe and permanent injuries to her back. Plaintiffs alleged past and future medical bills, past and future lost wages and benefits, and past and future loss of household services, and were able to blackboard approximately $1.3 Million. However, after deliberating for nearly 3 1/2 hours, the jury returned with a verdict of no liability against the DOC.

On June 29, 2006, Governor Joe Manchin announced the appointment of Billie Jo Streyle-Anderson as director of the West Virginia Division of Personnel. Billie Jo was with Bailey & Wyant since 2002, where she practiced in the areas of employment law and state/municipal government liability. She authored published works and administered educational seminars regarding employment-related issues, providing counsel to both state and municipal clients in the specialized areas of internal employment policies and procedures. Although she will be missed, we congratulate her and wish her the best of luck in this most important position.

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.

Bailey & Wyant has handled more than 350 bankruptcy cases on behalf of lenders in the West Virginia Southern and Northern Districts of the U.S. Bankruptcy Courts during the first half of 2006.

June 1, 2006, Chris Arthur taught seminar on the new bankruptcy act, collection issues, and predatory lending lawsuits to State Farm Bank's collection, legal, and bankruptcy departments in Bloomington, Illinois.

Charles R. Bailey attended the West Virginia Defense Trial Lawyers Association meeting at Stonewall Jackson Resort in May of 2006. Mr. Bailey and Ryan Flanigan, associate of the firm, authored an article presented at the conference on whether persons who suffer from either alcohol or drug addiction are protected under the Human Rights Act and the Americans with Disabilities Act. This article was published on a disc, along with articles published by other members of the West Virginia Defense Trial Lawyers.

Charles R. Bailey and Jason A. Winnell obtained a summary judgment ruling on behalf of their client, the plaintiff, in a property dispute case involving the issue of adverse possession.

On May 12, 2006, member Mark Troy and Associates John Fuller and Darren Olofson lectured to an audience of claims adjustors on premises law issues in West Virginia. The presentation was particularly focused on mold and water damage claims and other types of claims which regularly effect those in the water and waste water industries. On September 13th of this year, Mr. Troy and Associate Jason Winnell will be offering yet another seminar to those involved in the water and waste water industries when they present a lecture on safe and effective recruiting and hiring practices at the 21st Annual West Virginia Rural Water Association Conference at Canaan Valley, West Virginia.”

In the matter of Merrill v. Department of Health and Human Resources, the West Virginia Supreme Court of Appeals affirmed a decision of the Circuit Court of Kanawha County, wherein summary judgment was granted to the Department of Health and Human Resources. In their claim, the Plaintiffs alleged that DHHR failed to timely remove the Plaintiffs from the home when they were children and as a result thereof they suffered repeated sexual abuse by their father. The case was replete with novel discovery and legal issues. The Circuit Court of Kanawha County decided inter alia that the Plaintiffs’ claims were barred by the statute of limitations, because the Plaintiffs clearly knew, or with an exercise of reasonable diligence, should have known that the DHHR provided them with services during the time when they were infants and teenagers, and in their adulthood, they understood that DHHR provided those services. The Court also addressed certain issues regarding qualified immunity. This decision was important because it made clear that the statute of limitation applies in these cases. The matter was handled by Charles R. Bailey and Billie-Jo Streyle-Anderson.

The United States District Court for the Southern District of West Virginia granted summary judgment to National Union Fire Insurance Company of Pittsburgh, Pennsylvania and AIG Claims Services, Inc. in a matter styles Donald Darling v. National Union Fire Insurance Company of Pittsburgh, PA, et al., Civil Action No.: 2:04-0835. The lead counsel in this case was Charles R. Bailey of Bailey & Wyant, P.L.L.C. Donald Darling, a former senior attorney general for the State of West Virginia, filed suit against the insurers of the State of West Virginia, claiming that his mental-mental disability should be covered under the stop-gap provisions of the policy of insurance issued to the Attorney General’s office. Plaintiff Darling advanced a novel argument that because mental-mental disabilities were not covered under the Workers Compensation Act, provisions in the stop-gap policy issued to the Attorney General’s office provided coverage for this disability. While it was not disputed that the Plaintiff suffered a mental disability arising from his employment, the District Court ruled that the terms of the policy required the State to become legally obligated to pay his damages arising from a tort committed by his employer. The Court ruled that there was no legal obligation of the State to pay tort damages to Mr. Darling, because he never litigated this claim. The Court further ruled that Mr. Darling failed to exhaust his administrative legal remedies under the Workers’ Compensation system. See 2005 WL 3133493 (S.D.W.Va. 2005).

The United States District Court for the Southern District of West Virginia granted summary judgment to David Stewart, then Superintendent of the West Virginia Department of Education and the West Virginia Department of Education. The lead counsel was Charles R. Bailey of Bailey & Wyant. The action was filed by Piedmont Behavioral Health Center, LLC claiming that the WVDOE, as well as the Department of Health and Human Resources, owed a obligation to pay for the education of a minor, who was unilaterally placed in a facility ran by the Plaintiff, Piedmont. The Plaintiff’s facility provided special needs assistance to children with disabilities. The District Court ruled that, however, Piedmont and Woodside Hospital lacked standing to assert claims under the IDEA. The Court further found that Congress did not intend for the IDEA to provide procedural safeguards to private education providers, such as Piedmont and Woodside. The parents, who also joined in this suit, were deemed to lack standing to assert the claims under the IDEA, because the parents had not expended any monies in providing for the private education needs of the child. The Court also dismissed the Plaintiff’s complaint under the Rehabilitation Act and the ADA. See 413 F.Supp.2d 746 (S.D.W.Va. 2006).

Charles R. Bailey and Jason A. Winnell obtained summary judgment in declaratory judgment action filed against Lexington Insurance Company. The claim was instituted by restaurant owners who asserted claims of sexual harassment brought against them were covered by an employer’s liability policy issued by Lexington. After successfully establishing that the alleged acts did not constitute a “claim” under the terms of the policy, Mr. Bailey and Mr. Winnell were able to secure the judgment.

On March 22, 2006, member Mark Troy and Associate Jason Hammond lectured to an audience of nearly seventy contractors and others associated with the construction industry on employment law issues which may impact their day-to-day business operations. The lecture was offered at the 2006 EXPO, West Virginia’s largest construction trade show which Bailey & Wyant proudly sponsored.

March 2006, State Farm Bank retains Bailey & Wyant to represent its interests in a variety of matters in the state of West Virginia.

Charles R. Bailey and Jason A. Winnell obtain dismissal in bad faith case filed in the U.S. District Court for the Northern District of West Virginia by successfully establishing that third-party claims administrator was not subject to the West Virginia Unfair Trade Practices Act.

March 2006, OCWEN Loan Servicing, LLC, one of the largest servicers of residential and commercial loans in the United States, retains Bailey & Wyant to represent its interests in the state of West Virginia.

February 2006, Marc Slotnick and Chris Arthur retain favorable settlement on behalf of Washington Mutual, Inc. and Federal Home Loan Mortgage in adversarial proceeding. Plaintiffs agree to pay all litigation costs, including attorneys' fees.

February 2006, Beneficial West Virginia, Inc, retains Bailey & Wyant to handle its litigation in bankruptcy matters in the state of West Virginia.

Chuck Bailey and Jason Winnell obtain dismissal of medical malpractice action against a nursing home in Moundsville. The Honorable John Madden ruled that the Plaintiff failed to abide by the pre-suit filing provisions of the West Virginia Medical Professional Liability Act.

Congratulations to Jason Winnell, who was featured in the “Member Spotlight” section of the Clay Center’s “Behind the Scenes” Quarterly Newsletter.

Bailey & Wyant was retained by more than 25 banks in bankruptcy matters in the State of West Virginia. Some of these banks include JPMorgan Chase, Wells Fargo, Wachovia, Beneficial, Washington Mutual, EMC Mortgage, Ohio Valley Bank, State Farm Bank, HSBC Auto Finance, Citifinancial, Bank of America, Chase Manhattan Mortgage, Citicorp Trust, OCWEN Loan Servicing, LLC.

December 3, 2005, Chris Arthur taught seminar on Estate Planning, Wills, and Trusts to the West Virginia Forestry Association.

Charles R. Bailey and Billie Jo Streyle-Anderson prevailed before the West Virginia Supreme Court of Appeals in the mater of Calvert v. Scharf, a legal malpractice case. The West Virginia Supreme Court of Appeals found in favor of Defendant Scharf, because the Plaintiffs failed to establish that their damages were proximately caused by the acts of Defendant Scharf.

November 19, 2005, Chris Arthur taught seminar on the New Bankruptcy Reform Act at a seminar sponsored by The Ohio Valley Bank Company in Gallipolis, Ohio.

November 2005, Chris Arthur retains verdict in favor of First Star Bank in one day trial in the U.S. Bankruptcy Court for the southern district of West Virginia.

Charles R. Bailey and Billie Jo Streyle-Anderson taught a seminar for the employees of West Virginia State University. Chuck Bailey lectured on the proper precautions to take in hiring and terminating employees. Billie Jo Streyle-Anderson lectured on Title VII and Title IX.

Bailey & Wyant expands its commercial litigation department, including the representation of lenders in bankruptcy and collection matters, real estate disputes, and predatory lending lawsuits.

October 2005, David Mincer and Chris Arthur settle lawsuit on behalf of Hewlett-Packard Company for nuisance value.

Charles R. Bailey and Jason A. Winnell prevail in declaratory judgment action against a former Fayette County teacher and child molester who sought coverage for his acts under the County’s insurance policy.

Bailey & Wyant was retained to represent H&R Block, Inc. and its affiliates, in a class action lawsuit in the State of West Virginia.

Vaughn Sizemore successfully defended Turnpike Chevrolet in a case tried in Lincoln County, West Virginia involving allegations of unfair and deceptive trade practices and fraud. The jury returned a verdict in favor of Turnpike Chevrolet and found that its trade practices were not unfair or deceptive and that no fraud had occurred. This defendant's victory was extremely important not only to the client and other automobile dealers, but because Lincoln County is considered by many to be "plaintiff friendly" with regards to these types of claims.

On September 2, 2005, David Mincer and Tammy Bowles-Raines received a defense verdict from a jury in Mingo County, West Virginia on a case in which the Mingo County Board of Education was sued based on an allegation that it failed to prevent one student from attacking another after rumors had been circulating for two weeks of a potential altercation. The victim suffered an orbital blow-out fracture of her left eye socket which necessitated surgery and ended up with a minor permanent impairment. The jury found that the Mingo County Board of Education was not negligent in the way it dealt with the situation when it became aware of the rumors. The jury deliberated for only eight minutes before returning the defense verdict.

Jason A. Winnell is named as member of the Clay Center for the Arts and Sciences’ Membership Recruiting Committee.

On June 3, 2005, Justin C. Taylor, representing defendant Charleston Newspapers, Inc., recently tried a case to verdict, before Judge James Stucky in Kanawha County Circuit Court, whereby the jury awarded damages totaling only $11,034.20, an amount substantially less than plaintiff’s claims, and substantially less than an Offer of Judgment made prior to trial. This car wreck lawsuit involved an elderly plaintiff who was struck by the defendant’s delivery truck. At trial, liability on the part of the defendant was clear, and therefore not disputed. During the four day trial, plaintiff had admitted into evidence claims for over $39,000.00 in past medical bills that she claimed was a result of the accident. Additionally, she claimed approximately $30,000.00 in home modification costs, and hot tub/stair lift installation costs. Moreover, the plaintiff argued that she was entitled to future medical costs. Plaintiff’s husband also had a loss of consortium claim. The jury returned a verdict on behalf of the plaintiff for $8,034.20 in past medical expenses and $3,000.00 in past physical pain/suffering and mental anguish, for a total verdict of only $11,034.20. The jury failed to award any damages for the remaining claims made by the plaintiffs. An Offer of Judgment was made prior to trial in the amount of $45,000.00. The jury deliberated for approximately 45 minutes before deciding a verdict reflective of defendant’s argument that the vast majority of her medical bills and claims for damages were unrelated to the accident in question.

Bailey & Wyant, PLLC in conjunction with Action Legal, CaseSoft, Fish Reporting Services, Jackson and Kelly, Self & Associates and Steptoe and Johnson are sponsored a seminar on "Emerging Issues in Litigation" presented by the Legal Nurse Consultant Section of The West Virginia Bar Association on Friday, May 20, 2005 at the Embassy Suites, Charleston, West Virginia.

On February 9, 2005, Justin C. Taylor secured a defense verdict in a trial in the Circuit Court of Cabell County, in an automobile accident lawsuit whereby no fault was found against the defendant. The facts indicated that the defendant started a multi-car accident by rear-ending a vehicle in front of him. In a matter of seconds, the plaintiff subsequently rear-ended the defendant's vehicle. The jury deliberated for only 25 minutes before finding that the defendant was not at fault.

Congratulations to Chuck Bailey and Jason Winnell. On December 9, 2004, the Honorable Jack Alsop, Judge of the 14th Judicial Circuit, granted Summary Judgment in favor of Continental Casualty Company in an action for declaratory relief filed by an elementary teacher formerly employed by the Webster County Board of Education. In the action, Donald Ray Glendenning, Jr. sought costs of defense and indemnification from Continental Casualty Company, the former liability insurer for the State of West Virginia. The civil suit for which he was seeking defense and indemnification was brought forth by several of his former students who claim to have been sexually abused and assaulted by him on school property during school hours. Citing West Virginia statutes and case law, Judge Alsop determined that Mr. Glendenning's acts were criminal in nature, fell outside the scope of employment and, as such, coverage under the applicable policy was precluded.

Charles R. Bailey and Susan Harman recently received a significant ruling from Judge Clawges in the Circuit Court of Monongalia County, West Virginia. Judge Clawges ruled that no cause of action exists to hold a non-employee contractual or independent adjuster personally liable for violations under Fair Trade and Practices Act. We believe this is the first decision of its kind. Judge Clawges, however, has certified the question to the West Virginia Supreme Court of Appeals.

In furtherance of it's commitment to cutting edge litigation services to it's clients, Bailey & Wyant has just invested in the construction of a 21st Century multimedia room in it's Charleston, West Virginia office to conduct mock trials. The room contains state-of-the-art electronics and multimedia equipment to prepare and rehearse for PowerPoint, evidence display and other cutting edge multimedia presentations at trial.

The firm secured a medical malpractice defense verdict after two weeks of trial in Raleigh County. Plaintiff alleged negligent Nissen fundoplication, specifically failure to conduct pre-operative manometry and then tailor the anti-reflux surgery accordingly, among other allegations. The jury deliberated for nearly 14 hours.

Defense verdict for Physicians and Surgeons for the University Board of Trustees (WVU Medical School). The Plaintiff alleged that the physicians or surgeons failed to diagnosed appendicitis. The jury after a two week trial ruled in favor of the University Physicians and Surgeons. Lead counsel for the defendants were Charles Bailey and George Joseph.

Congratulations goes to Charles Bailey and Billie Jo Streyle. The firm was retained by the Secretary of the State, Joe Manchin and his Chief of Staff, Larry Puccio to defend them in a claim filed by a former employee. The former employee alleged that he was fired because of his support of a political rival of Secretary Manchin. The Plaintiff alleged that both his state and federal constitutional rights were violated and that the Secretary of State's office interfered with his investigations of election fraud. After extensive discovery, the United States District Court for the Southern District of West Virginia ruled that both Secretary Manchin and Mr. Puccio were entitled to Summary Judgment. The Court stated there was no evidence to support the allegation that Plaintiff was terminated for his political support of another candidate or that any investigations were interfered with.

Bailey & Wyant is retained as general counsel for the Kanawha County Parks & Recreation Commission. Charles R. Bailey and Jason A. Winnell will primarily handle issues on behalf of the Commission.