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We wish you and your family a very Happy Holiday, from all of us at Bailey & Wyant, PLLC.  
This month we celebrated the retirement of the wonderful Louise Cleek, who has been with us at Bailey & Wyant, PLLC for seventeen years.   
Louise has been an extremely influential member to our team  and we are proud of the work she has accomplished on our behalf. We will always consider her part of our family and wish her happiness on the road ahead. 
Bailey & Wyant obtained dismissal in Federal Court

David Mincer
In Tomashek v. Raleigh County Emergency Operating Center et al., Plaintiff filed suit alleging that his wife had called 911 and requested an ambulance to take him to a medical care facility after he became disoriented, aggravated, and disruptive and exhibited other mood disturbance behaviors following inhalation of paint fumes.  The 911 dispatcher viewed it as a domestic disturbance and out of concern for the safety of Plaintiff's wife and minor children, dispatched law enforcement to the scene rather than an ambulance.  Upon arrival, the officers attempted to speak to Plaintiff and his wife separately, but he became disruptive and violent, necessitating his arrest.  Plaintiff sued the Raleigh County Emergency Operating Center, its Director and the Dispatcher alleging that an ambulance should have been sent, rather than law enforcement.  Plaintiff also filed suit against the Raleigh County Sheriff's Department, the responding Sheriff's Deputies, West Virginia Regional Jail Authority, Southern Regional Jail and its Administrator alleging unlawful arrest, excessive force, and a failure to provide proper medical treatment post-arrest.

Harrison Cyrus
David Mincer and Harrison Cyrus moved for dismissal of the Emergency Operating Center and its Director and dispatcher on the grounds of statutory immunity provided to 911 system operators in West Virginia, statutory immunity afforded to political subdivisions providing police protection and who formulate and implement written policies for public safety, the public duty doctrine and qualified immunity for the discretionary decision to send law enforcement instead of an ambulance.  The Court granted the Motion to Dismiss, finding that the Raleigh County Emergency Operating Center Defendants were entitled to statutory immunity due to the absence of any factual allegation that they acted in a willful or wanton manner in the decision to send law enforcement rather than an ambulance.  The clients were all very happy to be able to focus on providing such essential services to the public, rather than ongoing litigation.

Charles R. Bailey & Michael Taylor Present at     Local Government Law Seminar 

Bailey & Wyant,  PLLC Managing Member Charles R. Bailey and Associate Michael Taylor presented at a continuing education seminar sponsored by the National Business Institute.
The seminar, "Local Government Law: What Attorneys Need to Know" focused on aiding attorneys in gaining a better understanding of Municipal Liability Issues. The seminar was designed for attorneys and government officials who wanted tips and strategies for overcoming challenges in municipal law.

Attendants were brought up to date on newly developing cases and legal issues in government law, as well as given information to ensure compliance with public records access and retention laws. They were given the tools to prevent and resolve public contract disputes and bidding protests, avoid employment disputes, examine the ethical considerations and know the laws regarding government impunity and employee protections from costly lawsuits.

Mr. Bailey presented on Public Contracts and Procurement, helping attendees understand the bidding requirements and processes and how to prevent and resolve common contract disputes. Michael Taylor presented on Human Resources Issues including new developments in employment law, conducing successful employee investigations, protecting employees' privacy rights and improving personnel policies.

Insurance Coverage and Practice  Symposium 

Charles R. Bailey, Managing Member of Bailey & Wyant, PLLC attended the foremost educational event for insurance executives, claims professionals and outside counsel who specialize in insurance coverage, offered by DRI the Voice of the Defense Bar.

This year's symposium was held at the beginning of December in New York City, and offered a unique opportunity to engage with a distinguished faculty of insurance industry leaders, experts and coverage lawyers on emerging issues, recent court rulings, national trends and the future of insurance coverage law, according to the DRI website. 

The event offered a vast resource of knowledge and provided many networking opportunities. 
ATTORNEY PROFILE
Bruce M. Clark is an Associate in Bailey & Wyant,  PLLC's Wheeling office. 

He is a native of Brilliant, Ohio, where he currently  resides. Bruce graduated from Bethany College in 2006 with a Bachelor of Science Degree in Mathematics and Economics. He then graduated from The Ohio Northern Univeristy, Claude W. Pettit College of Law in 2008. While in law school, Bruce was a member of The Ohio Northern University Law Review and published a case note on Leegin Creative Leather Products, Inc. v.  PSKS, Inc.

Bruce was admitted to the Ohio State Bar in May of 2009. He was then admitted to the West Virginia State Bar in October of 2009. He has also been admitted to practice before the United States District Court of the Northern District of West Virginia. His practice primarily focuses on civil litigation, construction claims, personal injury claims, property damage claims, premises liability claims, and governmental tort claims.

Bruce currently serves as the Public Relations Chair on the Executive Board of the Brilliant Water & Sewer District. He also serves as the Village Solicitor for the Village of Adena, Ohio.

    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 at 304.345.4222 (Charleston) or 304.233.3100 (Wheeling).
 
Sincerely, 


Bailey & Wyant, PLLC
304-345-4222
 
  
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