West Virginia Injury Lawyer Blog

West Virginia's House and Senate committees are expected to pass a bill banning cell phone use and texting while driving. The bill is championed by Governor Earl Ray Tomblin, and once he signs it, West Virginia will become one of a growing number of states to ban the practice. Already nine states and Washington D.C. ban the use of handheld cell phones while driving, while 35 states have banned text messaging.

The bill would treat both cell phone use and texting as secondary offenses, meaning that a police officer could cite drivers for cell phone use or texting only after pulling them over for a different offense. Other states treat cell phone use as a primary offense, so police officers can pull drivers over just for using a cell phone.

One typical reason for the imminent ban was given by Delegate Nancy Peoples Guthrie: "We're losing too many people in accidents that we know could be avoided. I don't want to lose any more kids, any more parents, any more people." Already, West Virginia prohibits drivers 18 years old and younger from texting or using a cell phone while operating a car. The upcoming ban would extend that ban to every driver.

The Senate Transportation and Infrastructure committee and the House Transportation and Roads committee are expected to take up the bill, and chairmen of both are optimistic that the legislation will take effect sometime this year.

We at the Wolfe Law Firm believe that banning handheld cell phones and texting is a smart solution that is a long time coming -- one that is sure to save countless lives. While driving is a privilege that everyone should handle with great care, too many people act as though they can do anything (eat, drink alcohol, talk on a cell phone, apply makeup) and come away unscathed. That leads to accidents that could have easily been avoided. Our firm has represented car accident victims for over 20 years, and can attest to the variety of injuries people suffer, as well as the often nightmarish interactions with the other driver's insurance company.

Continue reading "West Virginia Legislature Poised to Pass Ban On Texting, Cell Phone Use, While Driving" »

As hard as this economy has been on all of us, it may have one unexpected benefit: it reduced the number of fatal traffic accidents across the nation to a 61-year low.

The results came from National Highway Traffic Safety Administration data of 2010. West Virginia accidents declined 12% from the previous year. Other states had healthy declines as well, such as Nebraska (15%), Montana (14%), Mississippi (8.4%), South Carolina (9.4%), and Utah (3.3%). At first, it was believed that photo radar and automatic ticketing may have been responsible, but there is no evidence showing a correlation between these new devices and the drop in fatal traffic accidents. Here in West Virginia, use of photo radar is prohibited.

Instead, the lingering effects of a poor economy may be responsible. Fewer cars on the road going to work -- the fewest since 1949 -- means fewer cars to get into accidents. At the same time, Transportation Secretary Ray LaHood suggested that there were other factors at work. First, cars in general are safer due to greater improvements in crash avoidance technology. Second, many roads are safer due to improved signs and lighting, and third, more drivers are choosing to wear their seatbelts and to refrain from driving after drinking. Even so, one could argue that those changes have been taking effect for a number of years, and by themselves would not result in such a steep drop in fatalities. The only way to know for certain is to wait and see if the percentage remains low after the economy picks up steam.

While it is encouraging to hear that traffic fatalities are down across the nation, and significantly in West Virginia, it is still often too dangerous on the road. West Virginia has several scenic routes where it becomes easy for the driver to lose focus on the road. Mix that with alcohol, or other poor conditions, and you have an accident that is serious, if not fatal. Operating any vehicle on the road, whether a car or a motorcycle, is a privilege and a responsibility that every driver should take seriously. Yet when you get in an car accident through no fault of your own, you need to know your options.

If you or your loved one has been in a car accident, you should hire a West Virginia car accident attorney to represent you. An experienced attorney would investigate the scene as quickly as possible after the accident, preserve all necessary evidence, and interview witnesses. Once your attorney is able to obtain the evidence, you would file a negligence lawsuit against the one you believe was responsible for the accident. You would claim that he or she had a duty to operate on the roadway as safely as possible. He or she breached this duty by driving carelessly (after drinking alcohol, talking on a cell phone, and more). The breach caused your injury, and your damage was anything from a stiff neck to a shattered leg or spine. In a negligence suit such as this, if you are successful, the usual award is "damages," a monetary award meant to cover medical bills and pain and suffering. We at the Wolfe Law Firm have been representing car accident victims for more than two decades. If you were just in a car accident and need help, contact our firm today.

Back in July, we discussed the tragedy at the All Good Music Festival, an annual event in Marvin's Mountaintop, West Virginia. During this year's summer festival, a pickup-truck driver lost control and drove into a tent, killing one woman and injuring two others. The tragic event and the circumstances that followed led the festival's promoter, Walther Productions, to move next year's festival to Legend Valley, Ohio.

Following the accident, the women and their families sued Walther Productions and several vendors -- including the company in charge of security -- for "wanton, reckless, grossly negligent acts." Without confessing anything, Walther Productions acknowledged that there were "challenges and frustrations" in getting 12,000 fans into and out of the campground year after year. Walther Productions sought to have the lawsuits dismissed in federal court, and also filed a cross complaint that accused the festival's security company of negligence. All civil suits are expected to move forward in early 2012, and there may be criminal proceedings yet to come. The Preston County sheriff announced that the West Virginia State Police has just concluded an accident reconstruction report.

So far, the festival is expected to stay in Ohio for just one year. It remains to be seen whether Walther Productions will decide to keep it there permanently. That would be unfortunate, since the All Good Music Festival has become a popular attraction in West Virginia. There has been no word as to whether the women and their families would sue the truck driver who caused the accident.

The lawsuits against Walther Productions are likely based in the premises liability theory. That theory holds that property owners have a legal responsibility to prevent visitors to the property from being injured. When the property is opened for use by the public, these people are known as "invitees." Owners owe the highest duty of care to invitees: a duty to warn about hazards on the land that the owner knows about or should know about. Failure to warn or use reasonable care to make the property safe is grounds for a negligence claim.

Here, the women might claim that Walther Productions knew that the fair grounds had dangers, such as conditions that caused cars to sometimes veer off of established roadways, but failed to warn invitees. The women might also claim that Walther Productions breached its duty to make the fair grounds reasonably safe, such as widening the road or posting more signs, or by arranging to have more security present to prevent intoxicated people from driving.

Continue reading "After This Year's Tragedy, All Good Music Festival to Move to Ohio" »

Hughie Elbert Stover, security chief at Massey Energy Co., was convicted of obstructing a federal criminal investigation and of lying to federal investigators. Stover has been security chief of the Upper Big Branch mine in West Virginia since 1999, including during the period of the 2010 explosion that killed 29 mine workers.

After the Upper Big Branch explosion, the federal government conducted a far-reaching criminal probe into what went wrong. Stover was found guilty of obstruction after ordering a security guard to get rid of thousands of documents related to security, several months after investigators interviewed Stover about the accident. A jury in a U.S. District Court in Beckely gave Stover the maximum penalty -- 25 years in prison -- but he remains free until his February 29, 2012 sentencing.

There is no word over whether Stover will appeal the ruling, though Stover's attorney called it a "rush to judgment" when those directly responsible for the mine explosion had not yet been charged.

The Upper Big Branch accident was the worst in West Virginia's history, and the worst overall since 1970, when 38 miners were killed in Kentucky. The accident occurred after high methane levels were reported in the mine. The federal investigation that followed revealed that Massey Energy had repeatedly failed to meet safety standards from the Mine Act of 1977. Massey Energy officials repeatedly pressured mine workers to lie in safety books shown to inspectors, while keeping copies of the real books that highlighted all of the flaws.

As we at the Wolfe Law Firm have repeatedly pointed out, mining is dangerous enough work without mine companies ignoring safety regulations. We applaud the federal government's effort to bring those responsible for the Upper Big Branch accident to justice, and hope that it leads other companies to be more conscientious about safety. Even though mines have been notably safer this past year, there have still been over a dozen deaths. In other words, there is always room for improvement.

Continue reading "Security Chief at Massey Energy Co. Convicted of Obstructing Investigation of Upper Big Branch Explosion" »

Driving a car is a great privilege. But as always, great privileges come with great responsibilities -- and too often, car accidents can result in injury, or even tragedy, as two recent accidents show.

One multi-car accident happened after 47-year old Fitzgerald Wise ran into two cars on West Main Street in Charlottesville, Virginia. He then backed into a police car and hit a utility pole. A police officer and driver received non-threatening injuries, and Wise was charged with reckless driving. It is unknown whether other factors affected Wise, such as drugs and alcohol. A second recent crash happened to a West Virginia resident, and unfortunately, the result was a fatality. A 60-year old man, Charles Herald, was driving a Dodge Ram Charger with a camper through Kentucky. The camper started to fishtail, causing Herald to lose control of the truck. The truck careened off of the right shoulder, hit a tree, and finally came to a rest. Although Herald was flown to a hospital, he was pronounced dead an hour later.

It is estimated that 5.5 million car crashes take place each year. They are common along several routes in West Virginia, especially on Interstate 79 and Interstate 68. A car accident can result in injuries that range from serious -- such as injuries to the neck, spine, or brain -- to "mild," such as whiplash. In too many cases, car accidents can even result in death. Even those with "mild" injuries can still face a lifetime of problems. That is why you should take any injury from a car accident seriously, no matter how minor it seems at the time.

We at the Wolfe Law Firm have seen quite a number of car accident victims over the past 20 years. Often, these people are fed up with trying to get money from the insurance company to pay for their injuries and need help from an experienced West Virginia car accident attorney. A jury verdict in their favor could give them money for medical bills and pain and suffering. How a person injured in a car accident proceeds depends upon the nature of the accident.

If you or your loved one were injured by a driver like Fitzgerald Wise, you would most likely sue that driver for negligence. You would argue that the other driver owed a duty to you and other occupants of the roadway to drive safely according to the law. By using alcohol, or by simply ignoring road safety laws, the other driver breached that duty. The other driver's breach caused you injury, and you suffered damage as a result. As a remedy, you would seek damages, or a monetary award.

Continue reading "Two Car Accidents in States That Neighbor West Virginia Highlight the Need for Caution on the Road" »

A grand jury chose not to indict a West Virginia man on vehicular homicide charges, believing that there was not enough evidence. The Athens County Grand Jury had convened following a tragic situation where two seniors -- Mary and Fred Hart -- were killed after being struck from behind by a vehicle. The accident happened on an interstate highway in neighboring Ohio.

The grand jury determined that the driver, a 34-year old from Fairmont, West Virginia, did not have alcohol in his system at the time of the accident. Rather, investigators at the scene blamed inattentiveness for the collision. The case will now be referred back to the Ohio State Highway Patrol, which will likely file misdemeanor charges against the driver.

Car accidents are sadly common, with an estimated 5.5 million occurring each year. In West Virginia, they are especially common along Interstate 79 and Interstate 68, and several routes throughout the state. The results can include everything from whiplash to serious injuries to your neck, back, and brain -- or, in the case of the unfortunate couple here, death. Those fortunate enough to survive car accidents may be left with debilitating injuries. Even a "mild" injury like whiplash can have results that last for years.

If you or your loved one is in a car accident, what can you do? One of the first things to do is hire a West Virginia car accident attorney to help you get relief. Although insurance companies are tasked with paying for car accident injuries, they may not cover everything, and often will act resistant when you try to argue with them. Therefore, you need someone who can help you get more monetary funds to pay the medical bills that crop up as a result of the accident. An attorney has the experience and resources to help you determine if the insurance company settlement is fair or not, or whether the other driver's fault was so great that you could obtain a large award at trial.

If the other driver was largely responsible for the car accident, you would file a suit in court stating that the driver was negligent. You would argue that the other driver had a duty to people on the road (including yourself) to drive safely, and the other driver breached that duty through careless driving. The breach was the direct or proximate cause of your injury, and you suffered physical and property damage as a result. Even if you were partially at fault for the car accident, you can still collect a monetary award in court as long as you were less than 50% at fault. That's because West Virginia has a "modified comparative negligence" system, as opposed to a pure comparative negligence system (where a party can collect no matter what their level of fault as long as it is not 100%) or a contributory negligence system (where a party cannot collect even if it is only 5% at fault). Often a negligence case will be settled before it goes to trial. If not, the outcome of the case will be decided by a jury.

Continue reading "West Virginia Man Not Indicted for Killing Two People in a Car Accident" »

Many parts of West Virginia are beautiful, especially in the fall. However, beautiful areas like Appalachia have perils that you would not expect: such as auto collisions with deer. At this time of year, the collisions are most common, as deer are prone to be most active.

For the fourth year in a row, West Virginia was rated by State Farm as the number one state for auto collisions with deer. Right now, with hunting season starting and deer mating, deer are constantly on the move. Not only are they roaming around in the usual rural areas, but also they are appearing more frequently in suburban areas. Part of the reason is suburban sprawl, but the other is that the deer population is growing. At the least, deer can be a nuisance for property owners. At worst, it can mean a fatality for both the deer and you.

Fortunately, deer fatalities remain low -- nationwide, they amount to 200 per year. However, that doesn't mean that a collision with a deer cannot cause a lot of damage. In neighboring Ohio, reported deer collisions were 23,201, but Department of Transportation officials believed that it could be as high as 60,000 because so many people fail to report the collisions. The majority of collisions occur between 5 pm and midnight, when visibility is at its lowest. Motorists often don't see the deer until they are right in front of their headlights, and by then it's too late.

Officials are urging motorists to use extra caution between dusk and dawn and to watch for deer crossing signs. If you see a deer while driving, chances are there may be one or two more nearby. If you accidentally hit a deer, you should report it to a law enforcement agency as soon as possible.

If you accidentally hit a deer, you will be forced to pay for the damage out of pocket or through your insurance. You can't sue a deer for colliding with your car, so it wouldn't be worth it to hire an attorney to represent you. However, most auto collisions are between two people and are avoidable. If you are involved in an auto collision, don't hesitate to hire an experienced West Virginia car accident attorney. An attorney has the resources to quickly investigate the scene of the collision and to interview witnesses. An attorney can also help you obtain damages (a money award) for the injuries that can result, such as head, neck, and spinal injuries. You would file a lawsuit against the other driver for negligence and if you prevailed, the jury would award you damages. Even if you were partially at fault for the accident, in West Virginia, you can still collect unless you are 50% or more at fault.

Continue reading "West Virginia Officials Urge Motorists to Drive More Cautiously to Avoid Deer Collisions" »

The state fair has a long, cozy tradition. People go to the State Fair of West Virginia to camp out, see the livestock shows, and go on the rides. Staples of every state fair include the Ferris wheel, the merry-go-round, roller coasters, and more. While they seem innocent enough, looks can be deceiving. They are often hastily set up and may not follow accepted safety standards. This appears to be the case with a terrible accident that occurred at the State Fair on August 20th.

A ride operator, Adolpho Dominguez, is comatose after being hit by a gondola that was part of a ride known as The Speed. No one knows exactly why Dominguez chose to walk onto the platform while the ride was in progress, but Safety Inspector Thomas Jones recently concluded that the company (based in Gibsonton, Florida) that runs the rides needs to make changes in its safety procedures. He noted that there was no gate that could be locked to keep an operator off of the platform. Instead, The Speed was an older ride with controls on the platform itself -- something that newer rides don't allow. The company, Reithoffer Shows, Inc., is scrambling to put safety features in place that comply with the Occupational Safety and Health Administration (OSHA). OSHA regulations state: "When the operation of a machine or accidental contact injure the operator or others in the vicinity, the hazards must be eliminated or controlled."

Even if Reithoffer Shows, Inc. had provided more protection, there is a question of whether that would have been enough. A couple of fair goers who witnessed the accident thought that Dominguez was being inattentive. One thought he might have been going to watch the nearby fireworks, while another claimed that he was busy texting on his cell phone. Whatever the reason for Dominguez's injury, the Wolfe Law Firm wishes him a speedy recovery.

In difficult situations like this, an injured loved one has several options. If the company carries workers compensation insurance, your loved one would likely collect fixed workers compensation payments until he or she recovers. When companies carry workers compensation insurance, injured employees lose their right to sue for relief. If a company does not carry malpractice insurance, you may be able to hire a West Virginia personal injury attorney and sue for negligence. You could claim that the company had a duty to provide its employees with a safe environment, that it breached that duty, that the breach caused your loved one's injury, and as a result, he or she suffered damage. The problem you might face is whether, as in Dominguez's case, you contributed to the injury. West Virginia has modified comparative negligence, so if you are 50% or more at fault for the accident, you cannot recover a money award.

If your loved one's injury worsens to the point where he or she dies, you could sue the employer for wrongful death. The same steps apply as for when you sue for negligence, only now, you are suing to recover for loss of support and services in addition to medical expenses and other losses. It is important to find a skilled attorney who can explain all of your options for obtaining relief.

Six miners were injured when their cart jumped the tracks and derailed at the Tunnel Ridge Mine in Tridelphia, West Virginia. West Liberty's Volunteer Fire Chief called it the most severe mine accident he has handled since the mine opened. The mine is owned by Alliance Resource Partners of Tulsa, Oklahoma.

The miners were leaving the mine at the end of their shift, around 7 pm on July 30th. As the cart was coming down a hill and making a turn, it hit a wall. The miners were taken by ambulance to the Ohio Valley Medical Center for treatment. Though one suffered a broken ankle as a result, none of the miners sustained serious injuries. Five of the six miners have been released from the hospital, and the one that remains is listed as being in good condition. Alliance will conduct an investigation into the cause of the accident.

The Tunnel Ridge Mine opened in 2008, with the aim of mining 70.5 million tons of high-sulfur coal on 9,400 acres located in Ohio County in West Virginia and Washington County in Pennsylvania. Mining operations began in the second half of 2010. While Alliance Resource Partners does not have the reputation of Massey Energy Company for ignoring safety, its mines have been the scenes of previous accidents. In April 2010, two miners were killed when the roof collapsed at the Dotiki Mine in neighboring Kentucky. In October 2010, one miner was killed after being hit by a shuttle car at the River View Mine, also in Kentucky.

Fortunately, the accident involving the six miners at Tunnel Ridge did not have a tragic outcome. While coal mining is a vital industry in West Virginia, one that many families have proudly taken part in generation after generation, it is also filled with risks. It is important for safety hazards to be minimized whenever possible. We at the Wolfe Law Firm hope that Alliance Resource Partners conducts a thorough investigation and makes any necessary safety upgrades as quickly as possible.

Continue reading "Six Miners Injured When Cart Derailed at Tunnel Ridge Mine, West Virginia" »

Roadway construction is a common sight: orange barrels and construction workers along the side of the road. People usually associate it with slow traffic and endless delays. However, too often people drive cars too quickly or carelessly past construction zones, with deadly consequences. A recent article looks at problems with work zone safety on West Virginia and Ohio roadways.

The West Virginia Department of Transportation reported 356 work zone fatalities in 2009, compared to 1,021 fatalities in Ohio that same year. The top three reasons given were that drivers made unsafe lane changes, they followed too closely, or they failed to control their vehicle. Many of these accidents happened on rural two-lane roadways in Appalachian Ohio and West Virginia, where drivers get distracted by the beautiful views. The West Virginia Department of Transportation has launched a media campaign to promote work site safety until construction season is over. The Ohio Department of Transportation has started requiring its construction workers to use high-intensity flashing lights and reflective tape on all equipment in the work zones.

West Virginia is fortunate to have many magnificent sites, especially the Appalachian Mountains. It is tempting to want to take a drive and just breathe it all in. However, as drivers, we have a great responsibility to those around us to pay attention to the road and its immediate surroundings. Because so many people don't, roadside construction work is seen as highly risky employment. If you or a loved one work as a roadside construction worker and have suffered a serious injury in an accident, you need to find a West Virginia car accident attorney. An experienced attorney would gather evidence from investigators at the scene of the accident and interview witnesses. An attorney would help you file a negligence or wrongful death suit against the driver who caused the accident.

Your attorney would work to find the truth of the situation: whether the driver acted carelessly, or whether the driver's behavior was understandable in light of the situation (for example, if a car veered in front of him and he pulled to the side to avoid hitting the car). Once your case goes before the jury, your attorney would make the best argument possible that you deserved compensation for your suffering. Even if it turns out that your behavior partially contributed to the accident -- such as if you briefly went beyond the orange barrels -- you can still get relief. West Virginia operates under the modified comparative negligence system, where the injured party can get relief if he or she is less than 50% at fault for the accident. If your fault is at 50% or above, however, you cannot recover. You or your loved one may also be able to obtain workers compensation from your employer since the injury occurred on the job.

We at the Wolfe Law Firm have helped countless people in car accidents get money awards for their medical expenses and lost wages. We welcome any attempt by the West Virginia Department of Transportation to put a stop to tragic roadside accidents. Those who fix our roads perform a vital service by making travel safer for all of us. We should return the favor by ensuring that roadside construction work sites are well protected.

Recently, three women from Mount Pleasant, South Carolina were run over by an out-of-control pickup truck while they slept in their tent. They were among the 30,000 people attending the All Good Music Festival in Masontown, West Virginia. One of the women, 20-year old Nicole Miller, was pronounced dead at the scene, while the other two women were flown to a nearby hospital. Elizabeth Doran and Yen H. Tom are reported to be in good condition.

Authorities claim that the driver lost control of the truck as it rolled down a hill. It struck other cars and tents of people camping nearby before hitting the victims. So far, no information has been revealed on what made the driver lose control, whether it was through his own error or whether a third party interfered. The driver has not yet been charged.

Though one should not assume the driver acted irresponsibly, it would hardly be the first time someone lost control at an entertainment venue. The All Good Music Festival is a three-day event in its fifteenth year. Each year, the 30,000 attendees have the option of camping on Marvin's Mountaintop, a 655-acre privately owned property. With so many people and so much open space, it is sadly inevitable that some will use it as an opportunity to act reckless even if everyone else behaves. People want to feel good, and that can involve drinking too much and doing things that you wouldn't normally do. Such behavior too frequently leads to tragic results.

When someone you love is hurt in this type of situation, you would look at a few sources of fault: the one who actually caused the injury, the one who organized the event, and the owner of the property where the injury occurred. For the owner, there is the issue of premises liability. Owners have a legal responsibility to prevent visitors to their property from being injured. When the property is opened for use by the public, or when people enter to do business with the owner, these people are known as "invitees." Owners owe the highest duty of care to invitees: a duty to warn about hazards on the land that the owner knows about or should know about. Usually, premises liability involves accidents like slipping and falling. With the death at All Good Music Festival, the question is whether a car veering out of control counts as a "known" or "should have known" hazard. An experienced West Virginia personal injury attorney can evaluate the situation and determine whether the owner of the property can be held liable. If there is a history of such accidents, that might be strong evidence for holding the owner responsible. If the organizers of the event are not the owners, they may be held liable as well depending upon how foreseeable the accident was and whether they did everything to prevent it. This is why many event organizers carry insurance.

Otherwise, you would file suit against the one who caused the injury. You would claim that he acted negligently, that he owed you a general duty to behave reasonably, and instead his careless behavior was the cause of your injury. An attorney can help you gather evidence to show that, for instance, a driver in a car accident had too high a blood-alcohol level.

Continue reading "One Dead, Two Injured After Being Hit By Truck at West Virginia All Good Music Festival" »

Recently in neighboring Kentucky, a coal mine worker was killed in a mine formerly owned by Massey Energy Company. The 26-year old man, Ryan Thatcher, died from injuries suffered while hauling supplies on a rail locomotive through the Voyager No. 7 mine. The cause of the fatal injuries was reported to be an overcast beam from the mine's roof. Mr. Thatcher had worked at the mine for two-and-a-half years, and as a mine worker for six years total.

Massey Energy Company once owned mines in Kentucky, Virginia, and West Virginia. Before being purchased by Alpha Natural Resources earlier this year, it was in the news quite a bit for its record of safety violations and worker fatalities. The most recent was the Upper Big Branch mine explosion on April 5, 2010 in Raleigh County, West Virginia. The deadliest accident in 40 years, it claimed the lives of 29 miners. The explosion occurred after high methane levels were reported in the mine, though some believe that the cause may have been a large amount of coal dust. A later investigation revealed that Massey Energy had repeatedly failed to meet safety standards from the Mine Act of 1977. On June 29, 2011, the Mine Safety and Health Administration reported that Massey Energy pressured mine workers to lie in safety books that were shown to inspectors. Massey Energy kept a second set of books that detailed the actual safety hazards.

Coal mining is one of West Virginia's oldest traditions. West Virginia produces more than 158,000 tons of coal each year, second only to Wyoming. Generations of families have worked in the coal mines. It is hard work and has natural dangers associated with it, which is why it is essential for coal mining companies to ensure that no unnecessary risks are taken with mine safety.

We at the Wolfe Law Firm give our condolences to the young mine worker who died in the Kentucky mine, and hope that Alpha Natural Resources seizes the opportunity to inspect all of its mines, including in West Virginia, to ensure that they comply with safety standards. Even so, Alpha Natural Resources is just one mine owner. It is unknown to what extent other companies comply with mine safety laws.

If your loved one was injured or killed in a coal mining accident, you should find a West Virginia personal injury attorney to help obtain relief. If your loved one was injured and the employer has workers compensation insurance, he or she should be entitled to receive payments for his injury. Workers compensation is granted on a no-fault basis, so that the issue of negligence does not come into play. Those who receive workers compensation give up their right to sue for the injury. Most companies are required by law to carry workers compensation insurance.

Continue reading "Fatal Injury in Kentucky Mine Formerly Owned by Massey Energy Company" »

The U.S. Chemical Safety Board has found that a "series of safety shortcomings" caused three serious accidents at a DuPont chemical plant in Belle, West Virginia in 2010. The CSB draft report noted that the plant had, among other things, failed to maintain the integrity of a critical phosgene hose. The result was that the three accidents occurred within 33 hours, beginning on January 22, 2010. The first accident involved 2,000 pounds of flammable methyl chloride gas, which workers discovered had been leaking into the atmosphere for five days. The second involved a leak in a pipe that resulted in a fume cloud of sulfur trioxide. Finally, the third accident released phosgene into the air. During World War I, phosgene was used as a chemical weapon. The worker who was exposed to the phosgene at DuPont died the next day.

CSB investigators found that the pipe carrying phosgene had been in operation for seven months, when it should have been changed once a month. DuPont had been aware as early as 1987 of the dangers of using braided stainless steel hoses lined with Teflon. An expert recommended lining the hoses with Monel instead, which would be more resistant to corrosion. Monel was never used. Recommendations in 1988 for an enclosure around the piping were also never followed.

The CSB recommended several safety improvements for the plant. One was to enclose all phosgene production so that if any leaked, it would be contained. Another was to revise the company's near-miss reporting and investigation policy to encourage anonymous participation by all employees, so even small incidents would be reported. The CSB also pressed for the Compressed Gas Association (CGA) and the American Chemistry Council (ACC) to adopt tighter standards for safe handling of phosgene and other toxic gases.

Situations like the 2010 accidents create a nightmare for the injured party's family. A preventable accident could result in wrongful death of a loved one or serious disability. The injured worker might never be able to work again, and require constant treatment for pain and suffering. That is when families typically turn to a West Virginia personal injury attorney and file a lawsuit in court. If the family files a wrongful death lawsuit, they would need to show that negligence or intent was the cause of death, and that the family has suffered monetary injury as a result. Awards for wrongful death are generally monetary damages based on the loss of support and services, possible medical expenses, and other factors. The jury takes each of these factors into consideration when deciding the award. West Virginia also permits an award of punitive damages if the company's behavior was intentional or grossly negligent.

If the worker is alive, but injured, the family might file a negligence suit, claiming that the company's negligence resulted in injury to the worker. In both cases, the family would need to show that the company had a duty of care to the worker; that through its failure to use reasonable care, the company breached that duty; that the breach resulted in the worker's injury or death; and that the worker and family have suffered as a result. Many companies carry workers compensation insurance in order to avoid worker injury lawsuits. Workers compensation acts as an "exclusive remedy," awarding workers a fixed monetary amount and taking away the worker's right to sue -- unless a third party was also involved in the injury. In any event, the options for holding a company accountable can be very complicated, and it is important to make the right decisions. The Wolfe Law Firm can help families of injured workers get what they deserve.

Insurance policies are a part of many personal injury cases, and Insurance companies are a common courtroom foe for any West Virginia automobile accident attorney. Because insurance comes into play in so many cases, it is extremely important to accurately evaluate any applicable policy terms at the outset of the case, so that you can know with certainty where the difficulties may lie. The Wolfe Law Firm has helped many clients deal with insurance claims in the past, and our attorneys have found a recent decision that has been handed down by the Supreme Court of Appeals of West Virginia that may have great impact on cases involving insurance claims going forward.

In Witt v. Sutton, plaintiff Witt was an employee of the South Charleston Sanitary Board, and was driving a truck owned by his employer while performing his job duties when he was struck from behind by Defendant Sutton. Plaintiff sustained several severe injuries in the accident, and afterwards filed a negligence lawsuit against Sutton. In this suit Plaintiff sought damages from his employer's underinsured motorist insurance carrier and his personal automobile insurance carrier as well because they had denied him coverage for his injuries and allegedly violated West Virginia's Unfair Trade Practices Act in doing so. Plaintiff eventually settled with Sutton and his employer's insurance company, but the claims against his personal automobile insurer remained. The policy Plaintiff purchased from that Defendant included $10,000 worth of no-fault medical payments coverage, and Plaintiff filed a claim on the policy to pay his medical bills for injuries sustained in the accident with Sutton. Plaintiff claimed that Defendant was acting in bad faith by refusing to pay the claim, but Defendant denied payment because the policy excluded coverage for injuries sustained while operating a vehicle owned by his employer. Defendant then filed a motion for summary judgment to dismiss the claims, which was granted by the lower court as they agreed that the vehicle Plaintiff was driving did not meet the requirements for coverage under the policy. In response, Plaintiff appealed the trial court's dismissal.

On appeal, the Court analyzed the language of the insurance policy, with the relevant part stating that coverage is available for "a non-owned car," so the question the Court considered was whether the employer's truck constituted a "non-owned car." The policy language did not directly define "non-owned car", but it does specifically state that a car is not a "non-owned car" if it is owned, registered or leased by an employer. The Court then stated that West Virginia law dictates that clear and unambiguous language in an insurance policy is not subject to judicial construction or interpretation, and found the language in the policy to clearly and unambiguously exclude the Plaintiff from coverage. In making its finding, the Court also stated that there was nothing in the record to indicate that any public policy was violated by the language of the insurance policy. Therefore, the Court held that the lower court correctly ruled on the motion for summary judgment and affirmed the dismissal.

Work-related injuries are a common occurrence, and such cases can present complex fact patterns and legal issues. Because of these complexities and the ever evolving contours of personal injury law, a West Virginia injury attorney must keep abreast of changes in the field. This is why we here at the Wolfe Law Firm are constantly researching the latest decisions on personal injury cases that are rendered by the courts here in West Virginia. Our attorneys found one such case decided earlier this year, and wanted to share it with our readers.

Stevenson v. Independence Coal Company, Inc. is a case that pits a West Virginia coal miner against the operator of a large underground mine in Boone County for injuries he sustained while on the job. In order for workers to get down to the active area of the mine, they must take a rail-mounted vehicle down underground. Plaintiff Stevenson worked as a beltman on the conveyor belt system used to transport material out of the mine that was located in a remote portion of the facility, and was injured when the rail car he was riding in malfunctioned. Before embarking on his journey towards his work site, Plaintiff performed a pre-operation check of the vehicle, and inspected its hydraulic, emergency/parking, and regenerative brakes to ensure that they were in good working order. This inspection revealed no issues with any of the three braking systems, and he disembarked with three other workers as passengers.

Shortly after leaving, the rail car began rattling noticeably, and all four men could smell heat coming from the vehicle. Plaintiff stopped the car, where an inspection revealed some loose bolts holding a service brake assembly mount, so Plaintiff drove the cart onto an adjoining spur of track (to get it off of the main rail track) where he and one of the passengers tightened the bolts, then continued the journey. The car safely made it to the three passengers' workstation, where Plaintiff dropped them off and continued into the mine towards his own workstation. However, the rail car malfunctioned again in the same manner as before, so Plaintiff stopped the vehicle on the main track and radioed dispatch requesting that a mechanic or electrician be sent out to assist him in fixing the cart. Dispatch informed Plaintiff it would be "quite a while" before help would arrive, so Plaintiff performed another check of the cart and found that the same bolts as before were loose again. While attempting to tighten the bolts again, Plaintiff's arm got crushed between the brake assembly and the frame of the cart, causing permanent damage to his arm.

After this injury, Plaintiff sued Defendant Independence Coal under a theory of negligence, claiming that Defendant failed to ensure the cart was maintained in a reasonably safe stated of repair, and that failure caused his injuries. The case proceeded to trial, where a jury found Defendant was 100 percent negligent and awarded Plaintiff almost $2 million in damages. Following trial, Defendant timely moved for a new trial, and renewed prior filed motions requesting judgment as a matter of law. Defendant based these motions on the fact that the causal chain was broken when Plaintiff failed to wait for a mechanic to come help him fix the malfunctioning cart. The circuit court denied Defendant's motions, holding that the questions of negligence and proximate cause were under the purview of the jury, and that the verdict was supported by testimony that Defendant did not have enough qualified personnel on staff to keep the carts functional. Defendant then appealed the circuit court's decision.

The Supreme Court of Appeals analyzed the issue of proximate cause in the case, and reviewed the evidence in the light most favorable to the Plaintiffs, as required by West Virginia laws. In doing so, the court found that the carts routinely had brake problems, and that due to a shortage of electricians and mechanics on staff, regular mine workers routinely worked on the brake systems. The court also noted that the circuit court correctly held that the proximate cause question involved disputed material facts and should therefore only be answered by the jury. In so holding, the Court denied the motions for judgment as a matter of law, and affirmed the circuit court's ruling.