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 All of us here hope you got off to a great start in your New Year!
We are
proud to announce a new Equity Shareholder and two new Members in our Charleston office.
Kelly C. Morgan, a Charleston native, originally joined our team in 2006 and was named a Member of our Charleston office seven years ago. We are proud to see her become our first female Equity Shareholder of Bailey & Wyant's Charleston office.
Jordan K. Herrick, originally from New Martinsville West Virginia, joined Bailey & Wyant,
PLLC in 2009. We welcome Jordan as a new Member of our Charleston office, and look forward to his continued work and excellent customer service to our clients.
Jennifer E. Tully, a near life-long resident of Putnam County, joined Bailey & Wyant in 2015 bringing with her over 11 years of litigation experience. We are proud to announce Jennifer as a new Member of our Charleston office and look forward to her continued good work on behalf of our clients.
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Bailey & Wyant Obtains Summary Judgement on behalf of Mingo Board of Education
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| John P. Fuller |
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Jennifer Tully and John Fuller recently obtained summary judgment on behalf of the Mingo County Board of Education. Plaintiff alleged that on August 17, 2016, a bus owned by the Mingo County Board of Education was operated negligently and carelessly causing it to cross into and to obstruct Plaintiff's lane of traffic and that as a result, she was forced to drive off the roadway and crash to avoid hitting the defendant's school bus. Plaintiff was significantly injured as a result of the accident and filed suit against the Board of Education alleging negligence
and loss of consortium on behalf of her husband.
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| Jennifer E. Tully |
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At the time of the accident, Plaintiff was driving a company owned vehicle and driving home following the conclusion of her work day. As a result of the accident, she filed a Worker's Compensation claim. The claim was originally denied, but following an appeal by Plaintiff was determined to be a compensable claim. Ms. Tully and Mr. Fuller filed a Motion for Summary Judgment on behalf of the Board arguing that because Workers' Compensation Benefits are available to the Plaintiff, pursuant to W. Va. Code ยง 29-12A-5, the Mingo County Board of Education isstatutorily immune from the Plaintiff's claims. Plaintiff then filed a Motion to Amend the Complaint to add the bus driver as a party to the
case, which the Board opposed as being futile in nature because the immunity afforded to the Board of Education would extend to the bus driver.
On January 9, 2018, following a hearing on both motions, the Court entered an Order granting the Mingo County Board of Education's Motion for Summary Judgment for immunity and denying the Plaintiff's Motion to Amend the Complaint as being futile in nature.
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Follow the Legislative Session with us!
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New Members of the West Virginia Women Attorneys Group
Bailey & Wyant Member, J
ennifer Tully
and Associate Unaiza Riaz have joined the West Virginia Women Attorneys (WVWA) Group.
The WVWA group has entered its second year as an inclusive community where women lawyers can share business development ideas, identify referral sources and establish mentoring relationships. Their mission is to promote the welfare, interests and professional development of women attorneys. They also seek to advance the honor and integrity of the legal profession by advocating principles of fairness and equality.
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Thomas E. Buck is a Member of the law firm of Bailey & Wyant,
PLLC
, with his office located in Wheeling, West Virginia.
He was admitted to practice law in the State of West Virginia in 1993 and in Pennsylvania in 1993. He is also admitted to practice before the United States District Courts in the Northern and Southern Districts of West Virginia and Eastern District of Pennsylvania, as well as the Fourth Circuit Court of Appeals in Richmond, Virginia.
Tom obtained his law degree from the University of Pittsburgh where he also obtained a Bachelor of Science Degree in Industrial Organization and Psychology. He focuses his practice on civil litigation. His practice areas include labor/employment law, insurance defense litigation, state, county and municipal government law, civil rights, products liability, industrial accidents, extra-contractual bad faith claims, and construction actions.
He is a member of the West Virginia, Pennsylvania and Ohio County Bar Associations, the Defense Trial Counsel of West Virginia and the Defense Research Institute.
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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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