4th Circuit Affirms Dismissal of Greenbrier Hotel |
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The United States Court of Appeals for the Fourth Circuit has affirmed an award of summary judgment to the Greenbrier Hotel in a case involving a hotel guest's equestrian accident and consequent injuries. The case was filed against The Greenbrier in the United States District Court for the Southern District of West Virginia alleging significant injuries and damages following a fall from horseback experienced while on a guided trail ride. The plaintiff suffered a burst fracture to her spine and alleged significant physical problems and limitations. She made a range of allegations against The Greenbrier and its personnel and claimed high damages for past wage loss, lost future earning capacity and past and future pain and suffering.
The plaintiff alleged that The Greenbrier violated its statutory duties under the West Virginia Equestrian Activities Responsibility Act, W.Va. Code section 20-4-1 et seq. and further alleged The Greenbrier committed acts of both ordinary and gross negligence. The case was one of first impression with respect to the application of this legislative act. Huddleston partner Jim Turner was retained as lead counsel for The Greenbrier and was assisted in the underlying litigation and appeal by associates Curtis Capehart and Alisha Deligne.
The Greenbrier filed a Motion for Summary Judgment on the grounds it was not negligent, did not commit acts of gross negligence and did not violate the Equestrian Activities Responsibility Act. In the alternative, The Greenbrier argued that even if a jury question existed with respect to violations of the Act, no genuine issue of material fact existed that any such violation caused or contributed to the occurrence of the accident itself. On January 16, 2007 the district court agreed and entered summary judgment in favor of The Greenbrier. Rutecki pursued an appeal to the Fourth Circuit.
Appellate briefing was completed in late 2007 and oral argument was presented to a three judge panel of the Fourth Circuit in Richmond, Va. on May 14, 2008. Questioning focused on the application and scope of the Equestrian Activities Responsibility Act, the existence of facts sufficient to create a genuine issue of material fact with respect to gross negligence and whether the district court exceeded its authority in granting summary judgment. In an opinion issued August 19, 2008, the Fourth Circuit resolved all these matters in favor of The Greenbrier and held that summary judgment was properly awarded by the district court.
Rutecki v. CSX Hotels, Inc. (United States Court of Appeals for the Fourth Circuit) |
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Defense Verdict in Brain Injury Case |
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Huddleston Bolen partners Jim Turner and Robert Ryan, working with Rod Payne of Louisville, recently received a defense verdict for long-time firm client CSX Transportation, Inc. in an alleged solvent-induced brain damage case tried in Jefferson County (Kentucky) Circuit Court. The plaintiff alleged permanent brain damage caused by overexposure to chemical solvents while employed by CSXT in its South Louisville railroad shops. The plaintiff claimed the exposure caused him to suffer severe memory loss, depression and personality changes.
At the conclusion of the two week trial the plaintiff requested $1.79M from the jury. In its defense, CSXT asserted that it was not negligent, did not excessively expose the plaintiff to harmful chemicals and that the medical causation hypothesis argued by the plaintiff was unproven. The jury deliberated under 90 minutes before returning a verdict of "no negligence."
Hudson v. CSX Transportation, Inc. (Circuit Court of Jefferson County, Kentucky)
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Defense Verdict In Chemical Brain Injury Case |
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A trial team led by Huddleston Bolen partner James Turner has received a defense verdict in a chemical exposure case in Louisville, Kentucky for long-time firm client CSX Transportation. After two and a half weeks of trial the jury in Louisville took only an hour to render a verdict in favor of CSX Transportation in a Federal Employers' Liability Act case . R.P. Montgomery sued CSXT in Jefferson County Circuit Court claiming his employment with the railroad in Louisville and Huntington caused him to suffer permanent injuries to his brain, lungs and hearing.
Turner and Huddleston partner Paul Loftus joined with Rod Payne of Boehl Stopher & Graves of Louisville and Randy Jordan of St. Simons Island, Georgia to try the case.
The plaintiff alleged that he was negligently and excessively exposed to chemical solvents causing brain damage characterized by memory loss, cognitive dysfunction, depression and anxiety. He further claimed negligent exposure to asbestos causing asbestosis, pleural disease and an increased risk of future cancer. He also alleged he had endured excessive noise exposure causing hearing loss.
The plaintiff abandoned his hearing loss claim following his cross examination and the case went to the jury on the other two allegations of injury. CSX presented an expert witness-focused defense establishing that the plaintiff's alleged brain damage - generally referred to as "toxic encephalopathy - cannot be caused by the types and levels of exposures claimed and, further, that the plaintiff was not brain damaged. CSX further defended on the ground the plaintiff had no asbestos-related disease nor was he at an increased risk of future cancers.
The jury returned a verdict finding that CSX was not negligent with respect to either of the claims ultimately submitted for its judgment.
Montgomery v. CSX Transportation, Inc. (Circuit Court of Jefferson County, Kentucky)
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Williams elected to boards of two national legal organizations |
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Huddleston Bolen partner Marc E. Williams has been elected to the Board of Directors for Lawyers for Civil Justice, headquartered in Washington, D.C. as well as the Board of Directors for the National Foundation for Judicial Excellence, headquartered in Chicago, Illinois.
Lawyers for Civil Justice is a national organization of corporations and lawyers supporting civil justice reform. The organization functions on a national and state level on issues designed to achieve reform in the civil justice system. The focus of the organization is on the balance of the judicial system with a strong level of support from the business community in the United States.
In addition to Mr. Williams, representatives from three of the top six corporations listed on the Fortune’s annual "Fortune 500" listing as well as representatives from some of the most respected corporate law firms in the United States will assist the organization with their mission of reforming the nation’s civil judicial system in order to create fair and equitable guidelines, standards and results in many areas.
The National Foundation for Judicial Excellence (NFJE) addresses important legal policy issues affecting the law and civil justice system by providing meaningful support and education to appellate judges across the country. The organization hosts an annual symposium that allows for appellate court judges to become better educated in the areas of the law dealing with civil justice.
Mr. Williams is a West Virginia native. He completed his undergraduate studies at Marshall University and his law degree from the West Virginia University College of Law. After graduation, Mr. Williams joined Huddleston Bolen where he practices in the areas of commercial litigation, professional liability, class actions and mass torts. He is President-Elect of DRI - The Voice of the Defense Bar, an international organization of lawyers and corporate counsel who defend the interests of businesses and individuals in civil litigation. He will assume the Presidency of DRI in October 2008. |
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Defense Verdict In Neligent Assignment Case |
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Despite being urged by opposing counsel and the court-appointed mediator to settle a negligent assignment claim, firm partner Melissa Foster Bird successfully obtained a defense verdict in favor of the CSX Transportation in the United States District Court for Southern District of West Virginia in Beckley.
The case, which was tried before Judge Thomas Johnston, involved a Plaintiff who claimed he was negligently assigned to per his job duties.
The Plaintiff, who had been cleared by a doctor to return to work after complaining of neck pain, alleged that his employer negligently assigned him to perform work that worsened his condition.
Foster Bird argued on behalf of CSX that the Plaintiff and his treating physicians were in the best position to determine when he should return to work, and that CSX was not responsible for further evaluation.
The jury agreed, as it reached a verdict in favor of CSX, with the finding that the railroad was not negligent on any count. |
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Supreme Court Upholds Dismissal of Case |
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The Supreme Court of Appeals of West Virginia recently upheld a dismissal at trial of a lawsuit alleging solvent-induced brain injury against CSX Transportation. Huddleston partner Jim Turner had obtained a judgment as a matter of law on behalf of CSXT in February of 2006 from Judge Arthur Recht in the Circuit Court of Ohio County in a case filed by a CSXT employee under the Federal Employers' Liability Act.
At trial, the Plaintiff was not able to elicit testimony from his expert witnesses sufficient to prove causation between exposure and injury. Through the aggressive use of pretrial motions, the defense was able to convince the court to exclude plaintiff's original medical expert, and the plaintiff’s neurophysiologist, a non-physician, was shown to not have the qualifications to provide a causation opinion. Therefore, Judge Recht ordered judgment as a mater of law on behalf of CSXT.
The Supreme Court of Appeals upheld the ruling, holding that the responsibility was solely with the Plaintiff to provide expert evidence to support his claims.
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Massie Elected President of Defense Trial Counsel of West Virginia |
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Huddleston Bolen partner Robert L. Massie has been elected President of the Defense Trial Counsel of West Virginia. He will serve a one-year term as President of the organization.
The Defense Trial Counsel of West Virginia was formed in 1981 to provide a cohesive network of West Virginia attorneys who defend individuals and corporations in civil litigation. It currently has a membership of over 400 attorneys. Membership is restricted to West Virginia attorneys who devote the majority of their practice to representing defendants in civil litigation.
“The election of Bob Massie as the President of the organization marks the third Huddleston Bolen Partner to have served in that role. We are extremely proud to be associated with the Defense Trial Counsel and especially with Bob as the leader of the organization,” said Tom Gilpin, chair of the firm's Management Committee.
Bob Massie has been a lawyer with Huddleston Bolen for over sixteen years and has had a very active trial practice throughout West Virginia State and Federal courts. He primarily practices in the areas of toxic tort litigation, railroad litigation, transportation and trucking law, insurance defense, bad faith litigation and products liability.
Massie is a native of West Virginia. He graduated from Marshall University in 1987 magna cum laude with a BA in Criminal Justice. He is a 1991 graduate of the West Virginia University College of Law.
In addition to his presidency of the Defense Trial Counsel of West Virginia, he is also the Editor of the organization’s newsletter. He is a member of DRI, the National Association of Railroad Trial Counsel and the Cabell County Bar Association. |
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Defense Verdicts in Solvent-Induced Brain Injury Case |
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An Ohio County, W. Va. jury needed less than one hour to award defense verdicts to Huddleston Bolen LLP partners Jim Turner and Will Harkins in a case involving alleged solvent-induced brain damage.
The combined cases, which were tried before Judge Arthur Recht in the Circuit Court of Ohio County, involved two Plaintiffs that alleged to have suffered permanent brain damage as a consequence of exposure to chemical solvents while employed by CSX Transportation in Raceland, Kentucky.
The jury believed otherwise, awarding a defense verdict to Turner and Harkins, counsel for CSX Transportation, with a finding of no negligence in the week-long trial.
The success did not end there, however, as the trial judge vacated future trial dates for Plaintiffs making similar claims, and ordered a hearing to determine whether the science supporting the Plaintiffs’ hypothesis was sufficiently reliable to create a prima facie case. This turnaround was a result of the defense counsel introducing strong medical and scientific defenses to call into question whether long-term exposure to chemical solvents can even cause permanent brain damage.
The Plaintiffs in this case were represented by firms in Louisville, Ky. and Weirton, W.Va.
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Huddleston Bolen Lawyers Recognized in West Virginia and Kentucky Super Lawyers |
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Huddleston Bolen, LLP a law firm with offices in West Virginia and Kentucky has announced that eight of their attorneys have been recognized in the Super Lawyers ® publications in both of those states.
Partners Fred Adkins, Richard Bolen, James Cleveland, Tom Gilpin, Thomas Murray, Chris Plybon, Bruce Stout, and Marc Williams were honored in the prestigious publication.
The Super Lawyers Publication is published by Key Professional Media, Inc. To be nominated and selected, attorneys are reviewed by an extensive jury of their peers from across the nation. Over 800,000 attorneys were invited to participate in the evaluation and fewer than 5% of attorneys are selected for this honor. Many factors are considered in the choice of attorneys for this honor such as verdicts, honors and awards, representative clients, experience and other awards.
Each attorney was recognized for their efforts in their respective specializations. “We feel that all of our attorneys and legal professionals are super. It is very nice to be recognized, and have members of our team recognized, as some of the best attorneys in the nation,” said Gilpin, Chair of the firm’s Management Committee.
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Huddleston Bolen Adds New Attorneys |
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Huddleston Bolen, LLP announced that experienced attorneys Matthew Rawlings, Ashley French, Alicia Deligne and Justin Gilfert have joined the firm. Rawlings and Deligne will headquarter their practices in the firm’s Huntington, West Virginia office. Ashley French will practice in the firm’s Charleston, West Virginia office while Gilfert practices law in the firm’s newest location in Louisville, Kentucky.
Matthew R. Rawlings joined the firm after nearly three years of practice in Charleston, West Virginia as a defense litigator. He currently practices Civil litigation, Transportation Law and Class Action and Mass Torts.
A native of Portsmouth, Ohio, Mr. Rawlings graduated magna cum laude from Shawnee State University in 1998 with a Bachelor of Arts degree in History. He is a 2001 graduate of Abilene Christian University’s Graduate School of Theology and a 2004 graduate of Cornell Law School, where he was a member of the Moot Trial Team and recipient of a CALI Award for academic excellence.
Mr. Rawlings was admitted to practice in West Virginia State Courts and the United States District Court for the Southern District of West Virginia in 2004, and in the courts of the State of Ohio in 2005. He currently serves as President of the Shawnee State University Alumni Association and is an active member of the University’s Development Foundation.
After gaining her law degree from the West Virginia University College of Law in 2002, Ashley French began her practice in Charleston in the areas of employment law, premises liability, insurance defense and general civil litigation. A native of West Virginia, French brings a commendable record of accomplished trial experience to the firm. Most recently, Ashley graduated from the University of Virginia Trial Advocacy Institute.
Ms. French is currently admitted to practice in the State of West Virginia as well as before the United States District Court for the Southern District of West Virginia. She is a member of the West Virginia Defense Trial Council, the American Bar Association and the Defense Research Institute. She also is active in her community through involvement in such organizations as the Charleston Junior League, Bob Burdette Center and the Friends of the Clay Center.
A native of Huntington, West Virginia, Alicia Deligne practices in the firm’s Huntington office in the Transportation, Litigation and Class Action and Mass Torts practice groups. Her practice is devoted to the defense of complex litigation, mass torts and toxic tort cases.
Ms. Deligne graduated magna cum laude from Marshall University with a Bachelor’s in Business Administration degree in Accounting and obtained her Doctor of Jurisprudence from the West Virginia College of Law. While attending the College of Law, Ms. Deligne was Executive Research Editor of the West Virginia Law Review and graduated as a member of The Order of the Coif. Ms. Deligne is currently admitted to practice in the State of West Virginia as well as before the United States District Court for the Southern District of West Virginia.
Justin S. Gilfert joined the firm’s Louisville Office in 2006 after two years of practice in Louisville, Kentucky as a general practitioner in civil litigation. As a litigator, he has experience in products liability defense, transportation defense, medical malpractice defense, business and commercial law, business organization formation and risk management, and bankruptcy litigation. He currently serves as general counsel for a multi-state transportation company, two computer engineering firms, and a wealth investment corporation.
Mr. Gilfert earned his B.A. in Government from Centre College, which included studies at the British American School of Regent's College in London, England. Mr. Gilfert earned his J.D.M.A.P.S. Joint Law and Political Science Degree (with distinction) from the University of Louisville's Brandeis School of Law and Graduate School of Political Science.
Mr. Gilfert is very active in his hometown of Louisville, where he has served as a volunteer for Greater Louisville Inc., the Louisville Chamber of Commerce, and the Old Louisville St. James Court Art Show.
“We have always professed that our strongest asset is our people. The addition of attorneys of the caliber of Matt, Ashley, Alicia and Justin is a strong statement for the strength of our team. We are honored to have them join us and each have already made significant contributions to our firm,” said Thomas Gilpin, Chair of the firm’s Management Committee.
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Defense Verdict in Asbestosis Case |
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Firm attorneys Luke Lafferre and Jason Roma won a defense verdict in an alleged asbestosis case tried before Judge Arthur Recht in the Circuit Court of Ohio County, West Virginia from Monday, May 7 to Friday, May 11. The jury found CSXT negligent, but found that "the negligence of the defendant..." WAS NOT "...a cause, in whole or in part, of any injury and damage to the plaintiff."
Plaintiff in this case was a 69-year-old man who worked for the Chessie System in its Raceland Car Shops in 1956 and 1957, and then from 1962 to 1969 with a little less than 8 years of credited service with Chessie/CSX. His counsel from two plaintiffs' law firms were experienced in asbestos litigation and were energetic in the prosecution of plaintiff's case.
Plaintiff's evidence was that he had the minimal level of small opacities on chest x-ray necessary to support a diagnosis of asbestosis (1/0), and claimed increasing shortness of breath. Defense expert Dr. Joseph J. Renn disagreed, finding that plaintiff had no asbestos disease. The agreed evidence was that the plaintiff had absolutely normal lung function, lung volumes, and diffusing capacity, all of which should have been abnormal had the plaintiff really had asbestosis.
The jury returned its verdict after deliberating over three hours. |
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Kevin Nelson joins Huddleston to lead employment law group |
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Kevin Nelson has joined the firm's Charleston office as a partner where he will lead that office's labor and employment law practice. In his more than 20 years of practice, Kevin has been the lead lawyer in trials in the areas of employment law, insurance, medical malpractice, and energy law. His primary emphasis of practice has been in employment law, where he has litigated matters involving trade secrets, discrimination, and wrongful discharge.
He also has extensive experience in cases involving, insurance and bad faith, coal and coal bed methane gas production, and personal injuries. A particular area of emphasis in the insurance area has been in the representation of insurance agents facing claims under their errors and omissions policies.
He received his undergraduate degree, with honors, from Wake Forest University. He received his law degree at Washington and Lee University, where he was a member of the Law Review.
In addition to his legal work, Kevin is the girls’ soccer coach at Charleston Catholic High School. He was the West Virginia girls’ Class AA-A Region III coach of the year in 2006 and coached in the North-South all-star game. |
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Attorneys Alexis Elswick and Chad Camper join Huddleston Bolen |
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Huddleston Bolen, LLP announced that Alexis Elswick and Chad Camper have joined the firm as practicing attorneys. Both attorneys have begun their careers in the law firm’s Huntington, West Virginia office.
Elswick practices in the Litigation, Transportation and Class Action and Mass Torts practice groups. Her practice is devoted to the defense of complex litigation, mass torts and toxic tort cases.
Ms. Elswick is a native of Greenup, Kentucky. She attended Roanoke College in Salem, Virginia where she graduated cum laude with Honors with a B.A. in English in 2003. She then returned to her home state to study law at the University of Kentucky College of Law where she served as a member of the Honor Council and as an editor of the Kentucky Law Journal. Ms. Elswick is currently admitted to practice in West Virginia as well as before the United States District Court for the Southern District of West Virginia.
Camper practices in the firm's Huntington office in the Litigation and Transportation practice groups. His practice is devoted to the defense of complex litigation, transportation litigation and commercial disputes.
Mr. Camper is a native of Kenton, Ohio. He received an honorable discharge after serving five years in the United States Air Force. He graduated magna cum laude from the University of West Florida with a Bachelor’s degree in Political Science. Mr. Camper continued his studies at the West Virginia University College of Law, where he earned his Juris Doctor degree in May, 2006. Mr. Camper is currently admitted to practice in West Virginia as well as before the United States District Court for the Southern District of West Virginia.
“At Huddleston Bolen we are committed to the absolute best in all that we do and it starts with our lawyers. Alexis and Chad have demonstrated the professionalism, talent and positive attitudes that we look for in all our associates,” said Thomas Gilpin, Managing Partner. |
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Seven Huddleston Bolen Partners Recognized as "Best Lawyers in America" |
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Seven Huddleston Bolen partners have been included in the 2007 edition of the “Best Lawyers in America.”
Partners Richard Bolen, Thomas Gilpin, Thomas Murray, James Cleveland, Bruce Stout, Christopher Plybon and Angela Konrad were recognized in the prestigious publication. To be nominated and selected, attorneys are reviewed by an extensive jury of their peers from across the nation. Published by Woodward and White since 1983, the annual publication is among the most respected references for lawyers in the United States.
Each attorney was recognized for their efforts in their respective areas of practice. Mr. Bolen’s area of focus is natural resources law. Mr. Gilpin was recognized for his efforts in bankruptcy and creditor-debtor rights. Mr. Murray was honored for the tenth consecutive year of his specialties of banking, corporate and securities law. Mr. Cleveland, based in the firm's Ashland, Kentucky office, was honored for his accomplishments in the area of railroad law. Mr. Stout was honored for his work in trusts and estates law. Mr. Plybon was named to the publication for his specialty of real estate law. Ms. Konrad was honored for her specialty of railroad law.
“Being recognized for this honor is truly humbling. Our entire firm is committed to the ability to perform on behalf of our clients. We feel that every one of our lawyers is the best in America and we are proud to demonstrate that for our clients.” said Tom Gilpin, Chair of the firm’s Management Committee. |
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Huddleston Bolen Opens Louisville Office |
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Huddleston Bolen is proud to announce the opening of an office in Louisville, Kentucky. The office, located at 9780 Ormsby Station Road, will be led by Resident Partner K.J. Oehler.
“Louisville was a natural progression for our firm and K.J. Oehler will be a fantastic leader for our team there. As we continue to expand our regional footprint, we look forward to carrying on our tradition of honest, aggressive and experienced representation for our clients,” said Thomas H. Gilpin, Senior Partner with Huddleston Bolen.
The Louisville market presents outstanding opportunities for the firm in many areas of legal experience already in place. The attorneys and professionals with Huddleston Bolen will be able to apply their experience, education and talents immediately and make a positive impact in the marketplace. “This is a very exciting time to be with Huddleston Bolen. Obviously this decision to open in Louisville didn’t occur overnight. We put a lot of effort into the research and planning for this office and others that are currently on the horizon,” said Gilpin.
K.J. Oehler is a Louisville native and an attorney with over twenty years of experience. “Huddleston Bolen is a firm that has an excellent reputation for providing their clients with outstanding results. The depth of their resources and their experience will be a benefit to the Louisville business community. I am excited to be a part of their team.” said Oehler. |
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Defense Verdict in Traumatic Hearing Loss Case |
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Associate Todd Meadows and partner Luke Lafferre recently obtained a defense verdict on behalf of CSX Transportation, Inc. in a trial in the Circuit Court of Kanawha County, West Virginia before Judge Louis H. Bloom. The trial centered on whether the Defendant’s violation of the Locomotive Inspection Act had caused the Plaintiff to develop a hearing condition known as tinnitus. During the trial, the Plaintiff testified that he had heard ringing in his ears since the date of an electrical explosion that occurred on a CSXT locomotive. To rebut this testimony, evidence was offered showing that the Plaintiff’s tinnitus manifested itself much later than the date of the engine explosion. Additionally, in a hearing evaluation history form completed by the Plaintiff three months after the electrical explosion occurred, he denied having ringing in his ears. Doctors on both sides then testified that traumatic noise-induced tinnitus was a permanent condition, and that under no circumstance could it be intermittent. In response, the Plaintiff claimed that he denied having tinnitus on the form simply to avoid drawing CSXT’s attention to him.
In closing argument, Mr. Meadows asked the jury to determine whether it was reasonable to believe that the Plaintiff lied to his employer because he did not want to draw attention to himself, but later sued the same employer for the same problem, thereby drawing even greater attention to himself. After deliberating for approximately two hours, the jury answered that question in the negative, finding that even though the Defendant had violated the Locomotive Inspection Act, it had not caused the Plaintiff’s tinnitus. The trial was Mr. Meadows' first as lead counsel. |
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Defense Verdict in Harassment Case |
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Firm partner James E. Cleveland, III recently obtained a defense verdict for longstanding firm client CSX Transportation, Inc. in a harassment case tried in the United States District Court, Eastern District of Kentucky at Ashland. The case was tried before a jury with Judge David L. Bunning presiding.
The case was brought under the Federal Employers’ Liability Act by a former employee who claimed that while working at the CSX facility at Raceland, Kentucky, he was verbally and sexually harassed by a co-worker, and that after he reported the harassment, other co-workers shunned him, wrote “CSX Rat” on his locker, and allegedly threw a piece of hose at him striking him on the head. The Plaintiff claimed that this harassment caused a nervous breakdown which disabled him from further employment.
The Plaintiff submitted testimony from a forensic psychiatrist that the work environment caused the nervous breakdown and that the Plaintiff could not return to his employment. The Defense psychiatrist presented evidence that the Plaintiff’s problems stemmed from preexisting conditions.
At the time he ceased employment he was 46 years old and so was able to blackboard significant wage loss, but through pre-trial motions, the Defense was able to significantly reduce those projections. After three days of trial, the jury returned a verdict for the Railroad. |
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Next Generation Award |
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Audy Perry has been designated by The State Journal as a recipient of their "Generation Next" award. These awards are given to West Virginians under the age of 40 who are "making their mark as professionals and executives in business, government and volunteer service." Audy will be featured along with the other recipients in an April edition of the State Journal. |
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Huddleston Bolen partner elected as officer in DRI |
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Marc E. Williams, a Huddleston Bolen partner in the firm's Huntington office was elected as the Second Vice-President of DRI, the Voice of the Defense Bar, at the organization's Annual Meeting in Chicago. In this position, Mr. Williams will be responsible for oversight of the organization's membership efforts and it's relationship with State and Local Defense Organizations in the United States and Canada. He will be President of DRI in 2008-2009. Mr. Williams previously served as a member of the DRI Board of Directors, as Membership Chair, as a State Representative for West Virginia and as Chair of the 2005 Annual Meeting. DRI is the largest international association of civil defense attorneys and corporate counsel with over 22,000 members. |
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Five New Associates Join Huddleston Bolen |
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Joining the Huntington office is Branchland, WV native Jonathan E. Porter, a graduate of the Washington and Lee University School of Law. Porter practices commercial transactions, litigation, health care and bankruptcy.
Curtis R.A. Capehart, a native of Winfield, WV and a graduate of the University of Michigan Law School, practices railroad defense and general civil litigation in the Huntington office.
Also joining the Huntington office is Eleni C. Kontos-Miller, a native of Huntington, WV and a graduate of West Virginia University College of Law. Kontos-Miller’s practice focuses on bankruptcy, banking, creditor-rights, commercial transactions and commercial litigation.
Charles F. Bellomy, a native of Ceredo, WV joins the Huntington office after three years of practice with a defense firm in Charleston. He is a graduate of the University of North Carolina – Chapel Hill School of Law, where he was a member of the National Moot Court Team and recipient of the Gressman-Pollitt Award for excellence in oral advocacy. Mr. Bellomy practices general civil litigation with an emphasis on the defense of mass tort actions and railroad litigation.
Joining the Charleston office is Beckley, WV native Patrick T. White, a graduate of West Virginia University College of Law. White’s practice focuses on insurance litigation and transportation. |
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Robert Massie Elected Treasurer of the Defense Trial Counsel of West Virginia |
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Huddleston Bolen partner, Robert Massie, was recently elected Treasurer of the Defense Trial Counsel of West Virginia. Mr. Massie served two terms on the organization’s Board of Governors and has been the editor of the DTCWV Newsletter for many years. Mr. Massie will become President of the organization in 2007. Mr. Massie will be the third Huddleston Bolen partner to have served as president of the Defense Trial Counsel of West Virginia since its founding in 1981.
The Defense Trial Counsel of West Virginia is the largest group of civil defense lawyers in West Virginia having over 450 members statewide. It is the West Virginia affiliate of DRI. |
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Defense Verdict in Asbestos Cancer Case |
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Firm partners Luke Lafferre and Rodney Baker and associate Jason Roma recently obtained a defense verdict for longstanding firm client CSX Transportation in an asbestos cancer case tried in the Circuit Court of Ohio County, West Virginia. The case was referred to the West Virginia Mass Litigation Panel and tried before Judge Arthur Recht.
The case was brought by a widow who claimed that her late husband, a CSXT machinist, contracted colon cancer from his claimed exposure to respirable asbestos dust in his work at CSXT’s Huntington Locomotive Shop. Her husband died at the age of sixty-nine as a result of his colon cancer.
The plaintiff was represented by a Pittsburgh law firm that has prosecuted asbestos claims for thousands of plaintiffs. The plaintiff, two of her children, and several co-workers testified. In addition, expert witnesses from Texas, Massachusetts, Pennsylvania, Florida, New York, and West Virginia testified at the trial.
The trial presented complicated issues relating to industrial hygiene, industrial history and practices, cellular biology, pathology, pulmonology, internal medicine, and x-ray interpretation and classification. The trial team wishes to note the assistance during preparation and trial of Certified Legal Assistant Jill Francisco.
At the end of the five-day trial, and after deliberating for four hours, the jury returned a unanimous defense verdict for CSXT. |
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Five Huddleston Bolen Partners Chosen as “Best Lawyers in America” |
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Partners Thomas H. Gilpin, Thomas J. Murray, Bruce L. Stout, Christopher J. Plybon and Angela W. Konrad have been listed in the Best Lawyers in America® for 2005/2006. Tom Gilpin was named in the category for Bankruptcy and Creditor-Debtor Rights Law. Tom Murray was honored again for Financial Institutions Law. Murray has been listed in Best Lawyers for more than 10 years. Bruce Stout has been selected for several years in the field of Trusts and Estates. Chris Plybon was selected in the Real Estate category and Angela Konrad for Railroad Law.
The Best Lawyers in America©, published biennially since 1983, is widely regarded as the preeminent referral guide to the legal profession in the United States. The Best Lawyers list, representing 57 specialties in all 50 states and Washington, D.C, are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers. The current, 12th edition of Best Lawyers (2005-2006), is based on more than 415,000 detailed evaluations of lawyers by other lawyers. |
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Huddleston Bolen Partner Kemp Morton to Chair West Virginia Ethics Commission |
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Huddleston Bolen partner R. Kemp Morton was recently appointed to be Chairman of the West Virginia Ethics Commission by Governor Joe Manchin
The West Virginia Ethics Commission was established in 1989 to implement and enforce a code of ethical conduct enacted by the Legislature for public servants. The Commission has 12 members appointed to a 5- year term by the Governor with the advice and consent of the Senate. The primary function of the Ethics Commission is to educate public servants about their responsibilities under the Ethics Act by answering phone queries, holding presentations and classes. The Commission also oversees the processing, investigation and adjudication of verified complaints of Ethics violations.
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Defense Verdict in Brain Injury Case |
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Huddleston Bolen partners Marc Williams, Robert Massie, Rodney Baker and associate Todd Meadows recently obtained a defense verdict on behalf of longtime firm client CSX Transportation in a railroad highway grade crossing accident case that was tried in the Circuit Court of Kanawha County, West Virginia. The plaintiff suffered a severe brain injury when the dump truck that he was driving was struck by a CSXT freight train. Plaintiffs filed suit in Kanawha County alleging that the crossing needed lights and gates to be safe, that there was vegetation blocking the plaintiff's view of the approaching train, and that the train crew failed to blow the whistle in the approach to the crossing in accordance with West Virginia law and CSXT operating rules. The plaintiffs also pressed claims for punitive damages. Plaintiffs' damage claims, which were essentially not contested at trial, claimed past and future wage loss and medical expenses of $6,000,000.00.
The plaintiff was represented by firms from Kansas, Arkansas and West Virginia. Discovery was extensive and consisted of over 75 depositions, dozens of sets of written discovery and the production of over 200,000 pages of documents. In defense of the claims, the railroad asserted that the plaintiff's actions were the sole cause of the wreck, that the crossing did not need lights and gates, that the vegetation was not on the railroad's right-of-way and in any event did not prevent the plaintiff from seeing the approaching train, and that the train crew could not have avoided the accident. After a 16 day trial that was hotly contested on both sides, the jury returned a unanimous verdict in favor of CSXT, finding that the railroad was not negligent.
This trial was the first for Huddleston Bolen in the use of Trial Director software, which enables the organization and presentation of exhibits at trial. This cutting edge presentation software enables the trial lawyer to highlight, compare and present complex issues arising from a document-intensive case. |
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Defense Verdict in FELA Case |
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Firm partners Angela Konrad and J.H. Mahaney recently obtained a defense verdict for longstanding firm client Norfolk Southern Railway Company in a Federal Employers Liability Act case in the Circuit Court of Pike County, Kentucky. The case was brought by a locomotive engineer who claimed that he was permanently injured when he slipped on grease on a staircase handrail after attending a disciplinary hearing. Alleging that his injuries permanently prevented him from engaging in any type of gainful employment, the employee sought more than $3.6 million in damages from the jury during a hotly contested, three week trial. After hearing evidence of the procedures utilized by the railroad to keep the staircase clean, evidence that no grease was found on the handrail when used by other employees minutes before the fall, and expert testimony that the employee could return to work in a variety of jobs, including his former positions as a locomotive engineer, the jury found that the railroad had not been negligent. |
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Defense Verdict in Discrimination Case |
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Firm partner Scott K. Sheets recently defended a wrongful termination case before a Cabell County jury and obtained a defense verdict in favor of the employer. The former employee had alleged that his termination was the result of discrimination for having filed a workers’ compensation claim against his employer a couple of months prior to his termination. The trial focused on issues of the employee’s work performance as well as factors such as the lack of any employer criticism of the employee’s workers’ compensation claim, evidence that the employee was the only one of multiple workers’ compensation claimants for the year in question who was terminated, and consideration that other employees in the claimant’s job classification have had similar workers’ compensation claims and were never terminated. The jury reached a unanimous verdict that the employee’s workers’ compensation claim was not a significant factor in his termination. |
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Huddleston Bolen to Be National Coordinating Counsel for CSX Transportation, Inc |
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Huddleston Bolen is one of three national law firms that have been chosen by CSX Transportation, Inc. to be national coordinating counsel for the defense of CSXT’s occupational injury litigation, the largest category of litigation in which the railroad is involved. Today's litigation environment requires cutting edge technology and the ability to move quickly as issues arise. The designation of national "coordinating counsel" was earned because of the Firm's success in the courtroom and its commitment to technology and building relationships with CSX's trial counsel nationwide. Fred Adkins, James Turner and Luke Lafferre share the responsibility of assisting in the development and implementation of defense strategies for use by CSX lawyers in courtrooms across the country. |
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