News & Articles

DEFENSE VERDICT - CIRCUIT COURT JURY TRIAL - PEDESTRIAN ACCIDENT

After a three day trial in Boone, County West Virginia, Ford Francis obtained a defense verdict on behalf of his client. Plaintiff was a pedestrian who sustained serious injuries after being struck by a vehicle being driven by Mr. Francis' client while Plaintiff was trying to cross a primary thoroughfare in Danville, West Virginia. Plaintiff alleged that the accident was proximately caused by failure on the part of Mr. Francis' client to keep a proper lookout. Mr. Francis successfully proved that the case was primarily caused by Plaintiff's negligence in failing to keep a proper lookout for and yield right of way to Mr. Francis' client.

DEFENSE VERDICT - CIRCUIT COURT JURY TRIAL - MOTOR VEHICLE ACCIDENT

On May 26, 2006, David Nelson obtained a defense verdict after a four day jury trial. Mr. Nelson represented a client who was involved in a multi-vehicle accident in Raleigh County, West Virginia. The co-defendant had settled with the plaintiffs prior to the trial, leaving Mr. Nelson and his client to defend the case on both liability and damage issues. Despite the fact that the trial lasted four days, the jury returned a defense verdict after less than 20 minutes of deliberation.

DEFENSE VERDICT - CIRCUIT COURT JURY TRIAL - TRUCKING ACCIDEN T

R. Ford Francis obtained a jury defense verdict on behalf of his client, a property owner, after a two-day trial on liability. Mr Francis' client had sued a trucking company and its driver as a result of the collapse of a bridge on the client's property, while the trucking company was delivering gravel to the client. The trucking company and driver had countersued the property owner for the damage to the truck and for personal injuries to the truck driver. Mr. Francis represented the property owner with regard to the counterclaim. The jury returned a verdict finding the property owner only 25% at fault and the trucking company and truck driver at 75% at fault.

DEFENSE VERDICT - FEDERAL JURY TRIAL

On September 23, 2005, David F. Nelson obtained a defense verdict on behalf of his client, a Fayette County Sheriff's Deputy, who had been accused of violating a detainee's civil rights. In a four day trial in the United States District Court for the Southern District of West Virginia, Mr. Nelson was successful in proving that the plaintiff's allegations of improper touching, assault and unconstitutional detention were unfounded. Mr. Nelson established that his client's actions in keeping the plaintiff in an investigatory detention were consistent with those of an objectively reasonable law enforcement officer.

SUMMARY JUDGMENT - CIVIL RIGHTS ACTION

M. Andrew Brison successfully represented a Sheriff's Deputy and a County Commission in a federal civil rights action filed in the United States District Court of the Southern District of West Virginia. The plaintiff alleged that his rights were violated when he was arrested and charged based upon information received from a confidential informant. Mr. Brison successfully obtained summary judgment by arguing: that the claims of constitutional tort for the indictment, arrest, and incarceration of the plaintiff were time barred pursuant to the statute of limitations; the defendants were shielded from liability based upon qualified immunity principle; superseding, intervening independent judgment (presentment to grand jury) broke the chain of causation even if the plaintiff could prove wrongdoing on the part of the defendants; and the county defendant could not be held liable in a civil rights case based upon respondeat superior theories.

The firm serves individuals, professional organizations, insurance companies, and corporations needing representation in the Charleston area, including Huntington, Parkersburg, Princeton, and Lewisburg. We are happy to serve as local counsel for out of state firms and corporations. For more information about our practice, contact our Charleston law office and schedule a consultation.

As a service to our clients, we publish news and information relevant to our practice areas. Feel free to meet with one of the firm's lawyers for advice on the implications the articles below have for your specific situation.

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Francis, Nelson & Brison, PLLC
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