Category Archives: General Liability Defense
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 […]
Public Statements Alone Insufficient to Prove “Publicity” in False Light Claims
On January 5, 2017, 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 […]
Davis v. Schooley – PFFB&P wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Randolph County Circuit Court and confirmed the limitations on a party’s ability to refile dismissed cases under the West Virginia Savings Statute. PFFB&P attorneys Matthew Whitler and Anthony Delligatti were successful in arguing to the West Virginia Supreme Court of Appeals […]
Insurance Defense Involving a Common Carrier
A “common carrier” is a person or company that transports goods or people for another party and is responsible for any possible loss of the goods during transport. Common examples of common carriers are forms of public transportation including busing and trucking companies. The Carmack Amendment, 49 U.S.C. §14706, provides the shipper with a statutory […]
