SHUMAN McCUSKEY SLICER PLLC Announces Relocation of Morgantown, WV Office

Shuman McCuskey Slicer PLLC is pleased to announce our Morgantown, WV office relocated to a newly renovated office building complex on February 15, 2020. The new address is as follows: Shuman McCuskey Slicer PLLC 300 Wedgewood Drive, Suite 110 Morgantown, WV 26505 Our Morgantown office will continue to use the present telephone and facsimile numbers, which are: Telephone:  304-291-2702 Facsimile:  304-291-2840 The need for welcomed growth inspired the decision to acquire the new space. While our firm is still practicing strict COVID-19 operating restrictions, we are excited to share [...]

2021-02-26T16:21:50+00:00February 26th, 2021|

West Virginia State of the State: The Highlights

On February 10, 2021, Governor Jim Justice gave his West Virginia State of the State Address. Governor Justice discussed state budget planning, the COVID-19 pandemic, and future developments, including building the first Hyperloop Certification Center. Governor Justice’s theme throughout the address was improving the image of West Virginia now and in the future. Governor Justice announced that West Virginia ended 2020 with a $464 million cash surplus.  Notably, Governor Justice asked lawmakers to completely repeal the state’s income tax.  His plan would repeal the state’s income tax in increments. [...]

2021-02-22T21:48:41+00:00February 22nd, 2021|

Big Changes Possible for Virginia Underinsured Motorist Coverage as Senate Bill No. 1195 Makes its Way Through the Legislature

SB 1195 has been closely followed by insurers and insurance defense firms in Virginia since January 2021 when Senator Mark Obenshain introduced SB 1195. The targeted outcome of this bill is to effectively do away with the current offset as it relates to underinsured motorist (UIM) coverage and instead cause the insurer “to make payment for bodily injury or property damage caused by the operation or use of an underinsured vehicle to the extent the vehicle is underinsured . . . without any credit, set-off, or reduction for the [...]

2021-02-22T15:59:46+00:00February 18th, 2021|

Southern District of West Virginia Rejects Application of West Virginia Non-Fault Notice Statute in Federal Court

In 2015, West Virginia modified tort-based liability by adopting comparative fault and abolishing joint and several liability. Effective for all lawsuits filed after May 25, 2015, the West Virginia Legislature repealed W.Va. Code §§ 55-7-13 and 55-7-24, and added four new code sections, including W.Va. Code § 55-7-13d. The new law allows a jury to apportion fault to negligent nonparties. W.Va. Code § 55-7-13d states: Fault of a nonparty shall be considered . . . if a defending party gives notice no later than one hundred eighty days after [...]

2021-02-12T15:14:24+00:00February 11th, 2021|

Shuman McCuskey Slicer PLLC Attorney Obtains Permanent Injunction

SMS member Christopher D. Negley obtained an order granting a permanent injunction on behalf of his client, The Greater St. Albans Public Service District. The PSD filed a Verified Complaint and Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction against the defendant for constructing a gravel parking lot over the PSD’s Main Sewer Line G1, the laterals for sewer lines, and manholes associated with main Sewer Line G1, which violated deed restrictions placed on the property in 1990. Upon learning the gravel lot had been constructed [...]

2021-01-28T18:14:41+00:00January 28th, 2021|

Shuman McCuskey Slicer PLLC Attorneys Obtain Summary Judgement

Shuman McCuskey Slicer PLLC co-founder David L. Shuman and member Caleb B. David obtained summary judgment on behalf of their client, an anesthesiologist. The plaintiff alleged that the defendant's physician caused an injury to the plaintiff’s peroneal nerve and caused him to develop complex regional pain syndrome following a popliteal nerve block. Mr. Shuman and Mr. David successfully argued that the plaintiff’s expert witnesses failed to provide testimony demonstrating that the popliteal nerve block procedure was performed in a manner below the applicable standard of care. Mr. Shuman [...]

2020-12-16T21:02:39+00:00December 16th, 2020|

SHUMAN McCUSKEY SLICER PLLC Ranked in 2021 “Best Law Firms”

U.S. News & World Report and Best Lawyers®, for the eleventh consecutive year, announce the "Best Law Firms" rankings. Shuman McCuskey Slicer PLLC has been ranked in the 2021 U.S. News - Best Lawyers® "Best Law Firms" list regionally in 15 practice areas. Firms included in the 2021 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2021 Edition of "Best Law Firms" [...]

2020-11-05T17:33:56+00:00November 5th, 2020|

SHUMAN McCUSKEY SLICER PLLC Elevates Attorney Caleb B. David to Member!

Shuman McCuskey Slicer PLLC is excited to announce that attorney Caleb B. David has been elevated to Member. Mr. David joined the firm’s Charleston, WV office in 2015 after he graduated from Washington and Lee University School of Law. Mr. David maintains a diverse practice in high-stakes litigation in various practice areas, including medical malpractice, construction defect litigation, architect and engineering liability, state and municipal liability, civil rights litigation, and insurance coverage and bad faith. Mr. David has experience defending clients in class action claims in both state [...]

2020-11-03T18:56:20+00:00November 3rd, 2020|

SHUMAN McCUSKEY SLICER Attorney Obtain Dismissal before the West Virginia Public Employees Grievance Board

SMS attorney Christopher D. Negley obtained dismissal for his client before the West Virginia Public Employees Grievance Board. The grievant alleged she had been forced to resign and had been constructively discharged and requested relief of reinstatement with back pay and benefits restored. Mr. Negley argued that SMS's client, the employer, was entitled to dismissal on all counts. Following hearing and briefing, the Grievance Board denied the grievance on all counts in favor of SMS's client.

2020-10-28T15:16:33+00:00October 28th, 2020|

West Virginia Supreme Court of Appeals Affirm Summary Judgement

On October 13, 2020, in the case of Shaffer v. Bragg, the West Virginia Supreme Court of Appeals affirmed summary judgment in favor of William Bragg, M.D., and his anesthesiology practice, General Anesthesia Services, Inc., and in favor of Charleston Area Medical Center, Inc. (“CAMC”). The Court found that the standard of care for informed consent did not require Dr. Bragg to inform Mrs. Shaffer that a CRNA student’s participation in an epidural placement increased the risk of a wet tap. The Court further found that because it was Dr. [...]

2020-10-21T15:06:35+00:00October 21st, 2020|