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John P. Fuller (left) and Andrew R. Herrick (right) recently received summary judgment for a case on behalf of the West Virginia Department of Corrections. The plaintiff, a former inmate at the Parkersburg Work Release Center, alleged that he was climbing the ladder to the top bunk in his cell and fell due to his inability to hold on to the ladder. Plaintiff alleged that the bunk placement near the wall created a dangerous condition due to the difficulty in climbing the ladder to the top bunk. Plaintiff further alleged that after he was injured, the Defendants denied him access to medical care by refusing to send him to physical therapy. The West Virginia Prisoner Litigation Reform Act, W. Va. Code ยง25-1A-1, et seq., provides that before an inmate can initiate a civil action related to the conditions of his confinement, including actions under federal and state law and negligence actions, he must first exhaust the administrative remedies promulgated by the correctional facility.
During his deposition, Plaintiff testified that he did not file a grievance related to access to health care. Furthermore, documents produced in response to Plaintiff's discovery requests revealed that he did not file a grievance related to the ladder until over a month after he was transferred from Mount Olive. in regards to the placement of the ladder, Plaintiff argued that he did not have an opportunity to file the grievance until after he returned to Work Release from Mount Olive and that is why it was untimely.
With regard to Plaintiff's failure to provide medical care claim, the Court held that the record reflected that Plaintiff never grieved to anyone at Parkersburg Work Release, or elsewhere within the WVDOC, that he was not being provided physical therapy. Therefore, the Court ruled that Plaintiff failed to exhaust his administrative remedies on his failure to provide medical care claim. With regard to Plaintiff's claim based on failure to protect the Plaintiff by allowing the alleged hazardous bunk condition to exist, the Court held that even if Plaintiff's period to file a grievance was tolled until he returned to work release, Plaintiff would have had 15 days to grieve the dangerous ladder placement. It was clear from the record, that Plaintiff did not grieve the ladder placement until 39 days after he returned to Parkersburg Work Release. Therefore, the Court ruled that Plaintiff failed to exhaust his administrative remedies on his
failure to protect claims concerning the placement of the ladder in his cell. Summary Judgment was granted in favor of the Defendants.
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The Bailey and Wyant team enjoyed a baby shower for Marie and Michael Taylor who are expecting twin girls. Congratulations Marie and Michael!
 
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Bailey & Wyant, PLLC was proud to be a sponsor during Governor Jim Justice's Inauguration. Everyone had a great time at the Inauguration and the Inaugural Ball this month. Here Attorney, Albert "Abbie C. Dunn" is pictured with Miss West Virginia, Lauren Roush.
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Charles R. "Chuck" Bailey is the Managing Member of the Charleston office of Bailey & Wyant,
PLLC. He was admitted to the West Virginia State Bar in 1982 and is admitted to practice before the United States District Courts in the Northern and Southern Districts of West Virginia, the Fourth Circuit Court of Appeals, and the United States Supreme Court. He obtained his law degree from the West Virginia University College of Law and his Bachelor's Degree in Journalism from West Virginia University.
Mr. Bailey's civil litigation practice areas include Labor & Employment Law, Medical Malpractice, Governmental Liability, Real Estate Litigation & Transactions, Toxic Torts, Products Liability, Aviation, Employment Benefits, Professional Liability, Construction Defects and Insurance Coverage. He is a Member of the Defense Research Institute, the West Virginia Independent Oil and Gas Association and the American Bar Association committee on Litigation and Employment Law. He is on the Board of Directors for the West Virginia Defense Trial Counsel and is a member of the Employment and Labor Law Committee.
Mr. Bailey currently serves as General Counsel for the Central West Virginia Regional Airport Authority, which operates Yeager Airport in Charleston. He was identified as the Governor's "Go To" attorney in the National Law Journal. Mr. Bailey frequently lectures on topics pertaining to litigation tactics, professional liability, insurance coverage, labor and employment law, civil rights and governmental liability.
He is active in various charitable and civic organizations within the state.
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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 at 304.345.4222 (Charleston) or 304.233.3100 (Wheeling).
Sincerely,
Bailey & Wyant, PLLC
304-345-4222
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