Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published June 30, 2018 | Posted in General Liability Defense | Tagged Tags: “Open and Obvious” Doctrine, negligence, premises liability | Comments Off on Where Does the “Open and Obvious” Doctrine Meet the Duty to Keep Premises Reasonably Safe?

In January, the West Liberty University Board of Governors and West Liberty University appealed pretrial rulings in the respondent Stewart Lane’s action for premises liability and/or dangerous conditions. The respondent filed a response supporting the Circuit Court’s order and brought a cross-assignment of error. Upon appeal, the West Virginia Supreme Court ruled the facts and Read More

Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published June 12, 2018 | Posted in General Liability Defense | Tagged Tags: Clinton Giles, false light invasion of privacy, Kanawha County Circuit Court | Comments Off on Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims

On January 5, 3017, the West Virginia Supreme Court affirmed a circuit court’s Rule 12(b)(6) dismissal of false light invasion of privacy and defamation claims brought by former high school principal, Clinton Giles, against the Kanawha County Board of Education and one of its board members, Pete Thaw. Our firm was part of the legal Read More

West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

By Pullin, Fowler, Flanagan, Brown & Poe, PLLC | Published June 11, 2018 | Posted in Employment Law | Comments Off on West Virginia Supreme Court Reaffirms the Application of Joint Employment Relationship in Claims Against a County Commission

West Virginia has previously held county commission employees may be joint employees of the county commission and an elected county official, including county clerks, circuit clerks, and assistant prosecuting attorneys. The state Supreme Court recently reaffirmed this ruling in Burke v. Wetzel County Commission. Case background Burke began working in the County Assessor’s Office in Read More