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. [...]

SMS attorneys Natalie C. Schaefer and Kimberly M. Bandy obtained dismissal of their clients in the United States District Court for the Southern District of West Virginia. The Plaintiff alleged multiple constitutional violations and a request for injunctive relief while he was an inmate at Mt. Olive Correctional Center.  Ms. Schaefer and Ms. Bandy argued that SMS clients were entitled to dismissal on all counts.  Following thorough briefing, the Court agreed and granted the Defendants’ Motion to Dismiss on all counts, and SMS clients were completely dismissed from [...]

SMS attorneys Christopher D. Negley and Caleb B. David obtained dismissals of six cases in Raleigh County Circuit Court. The plaintiffs alleged that a non-party driver pulled onto the roadway, struck a vehicle, turned around, struck a parked vehicle, and then crashed through the front of a building. The plaintiffs, all attendees at a bingo event in the building, alleged that the owner of the building was negligent in failing to construct barriers to prevent harm to the building’s occupants from drivers on the adjacent roadway. Mr. Negley [...]

SMS attorneys Christopher D. Negley and Caleb B. David obtained dismissals of six cases in Raleigh County Circuit Court. The plaintiffs alleged that a non-party driver pulled onto the roadway, struck a vehicle, turned around, struck a parked vehicle, and then crashed through the front of a building. The plaintiffs, all attendees at a bingo event in the building, alleged that the owner of the building was negligent in failing to construct barriers to prevent harm to the building’s occupants from drivers on the adjacent roadway. Mr. Negley [...]

CHARLESTON, WV – Shuman McCuskey Slicer PLLC is excited to announce the addition of Brittany N. Ryers-Hindbaugh to our Charleston, West Virginia office. Ms. Hindbaugh attended law school at Washington and Lee University. While in law school, Ms. Hindbaugh was President of the Federalist Society and a Senior Articles Editor for the German Law Journal. Additionally, during her third year in law school, Ms. Hindbaugh practiced as a student attorney defending clients through the Criminal Justice Clinic. Ms. Hindbaugh holds a bachelor’s degree in Psychology with a minor in [...]

Shuman McCuskey Slicer PLLC Member Roberta F. Green and Associate Justin M. Kearns earned dismissal as a matter of law for a medical professional in a wrongful death case. Basing their arguments on a narrow line of largely overlooked West Virginia jurisprudence, the SMS attorneys were able to resolve the claim for the defense before the litigation was fully underway.

SMS Founding Member John F. McCuskey and Member Roberta F. Green prevailed on a dispositive motion filed in Business Court on behalf of a commercial client, confirming rate of rent to tenant’s [multi-million dollar] benefit for the next decade.

On August 19, 2020, SMS attorneys Karen McElhinny, Emily Lilly, and Caleb David obtained dismissal on behalf of their client in Caren Rachelle Jenkins v. CNY Fertility, PLLC, et al. in the Circuit Court of Gilmer County, West Virginia. The plaintiff, a former patient of the defendant fertility clinic, alleged that she obtained fertility services in the State of New York, where the fertility clinic is located. She then gave birth to twins in West Virginia. The plaintiff alleged that, after giving birth to the twins, she learned [...]

2021 Best Lawyers® "Lawyer of the Year" in Charleston: David L. Shuman  Litigation - Health Care Medical Malpractice Law - Defendants Karen McElhinny Litigation - Health Care Professional Malpractice Law - Defendants William R. Slicer  Commercial Litigation Construction Law Employment Law - Management Insurance Law Litigation - Environmental Litigation - Insurance Mass Tort Litigation / Class Actions - Defendants The Best Lawyers in America© 2021 in Charleston: John F. McCuskey  Administrative / Regulatory Law Appellate Practice Commercial Litigation Mediation Natural Resources Law Oil and Gas Law Professional Malpractice Law - [...]

On July 27, 2020, SMS attorney Caleb David obtained a complete defense verdict for his client in John C. Mawyer v. Alford Home Solutions, Inc. in the Circuit Court of Kanawha County. The plaintiff, a former employee, alleged that the defendant, his former employer, withheld commission payments he had earned and that, when he complained about his alleged underpayment, he was terminated. Based upon these allegations, the plaintiff filed suit for alleged breach of contract and alleged wrongful termination. The defendant contended that the plaintiff had actually been [...]