Success Stories

At Francis, Nelson & Brison, we are committed to providing superior legal representation to our clients. Our West Virginia trial lawyers have extensive experience in our practice areas, and the quality of our representation is demonstrated by the following summaries of notable cases.

Public Entity Defense

David Nelson obtained a defense verdict in a jury trial on behalf of the City of Parkersburg arising out of an alleged assault and battery upon a plaintiff by a police officer. The plaintiff had alleged that he was struck by a police officer as the officer investigated a traffic violation. The Wood County jury deliberated for only 12 minutes before returning a defense verdict.

Civil Rights Law

David Nelson obtained a successful defense verdict in a civil rights case after a four day jury trial in the United States District Court for the Southern District of West Virginia. The plaintiff had alleged that she had been improperly searched and improperly detained by a Sheriff's Deputy following a law enforcement vehicle pursuit. Based on her allegations, the plaintiff had brought a claim under 42 U.S.C. §1983 alleging civil rights violations, as well as common law allegations. Mr. Nelson successfully argued that the plaintiff's claims of an assault were fabricated and that the defendant acted in an objectively reasonable manner with respect to the plaintiff's investigatory detention.

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 on legal grounds concerning the statute of limitations, qualified immunities, and superseding intervening cause.

Motor Vehicle Accident Defense

David Nelson obtained a complete defense verdict in the defense of a personal injury claim brought by a plaintiff who alleged that her vehicle was struck in the rear by the firm's client. The defense argued that the defendant had only collided with the plaintiff after he was struck in the rear by another vehicle, although the plaintiff claimed that she was struck twice. After a four day jury trial in Raleigh County, the jury deliberated for less than 30 minutes before returning a complete defense verdict for the defendant.

Commercial Trucking Defense Verdict

After a 10 day jury trial in Wyoming County Circuit Court, R. Ford Francis obtained a defense verdict on behalf his client. Plaintiff was a driver who sustained serious injuries in an accident with a truck hauling mining equipment and alleged that Mr. Francis' client was responsible for a tractor trailer that allegedly "off tracked" and caused the collision. Plaintiff's last demand before the jury verdict was for $1 million. The jury returned a complete defense verdict for Mr. Francis' client and all other defendants.

Premises Liability

R. Ford Francis obtained a defense jury 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.

After a seven day trial in Webster County Circuit Court, R. Ford Francis obtained a defense verdict on behalf of his client, a local festival organization. Plaintiff was injured while participating in a weight lifting competition and more particularly, sustained a serious head injury when the weights unexpectedly slid off the weight rack while the plaintiff was preparing for the lift. Plaintiff's last demand before the jury verdict was for $600,000, and the jury returned a complete defense verdict for Mr. Francis' client.

M. Andrew Brison obtained summary judgment in a slip and fall case on behalf of his client, a commercial landlord which leased commercial space to a national discount store. Plaintiff alleged an unsafe condition on the sidewalk in front of the store because of a vending machine, the placement of which she alleged caused her to slip and fall. The lease agreement between tenant store and the land owner required the land owner to maintain all common areas of the property. The Circuit Court granted summary judgment to the client on a finding that the landlord breached no duty to the plaintiff and found that the allegedly dangerous condition was open and obvious and free from defect.

David Nelson recently secured the dismissal of a client from a premises liability lawsuit brought by a plaintiff who had been rendered paraplegic after he fell while performing work above the client's leased office space. Plaintiff claimed that the client, which was a commercial tenant, breached a duty to provide a safe work area and was negligent because it loaned the plaintiff's employer a ladder for use incident to the work. After extensive document and witness discovery, Mr. Nelson was able to establish that the client breached no duty to the plaintiff. Plaintiff's counsel was persuaded that pursuing the claims against the client would be detrimental to his claims against other parties and the matter was voluntarily dismissed. Prior to dismissal, plaintiff's settlement demands had been in excess of $1 million.

Insurance Law

David Nelson recently obtained summary judgment on behalf of a client in an declaratory judgment action involving an insurance policy. A Kanawha County Circuit Court judge agreed that the policyholder/claimant had failed to pay the premiums necessary to prevent the insurance policy from lapsing. Accordingly, the Circuit Court found that there was no insurance policy in force on the date of the motor vehicle accident.

David Nelson recently obtained summary judgment in a declaratory judgment action that established that a insurance carrier client's homeowner's insurance policy appropriately excluded coverage for a "negligent entrustment" claim that had been brought by a plaintiff. In this case, the plaintiff, who had recovered large settlement amounts under motor vehicle insurance policies that covered her loss, sought additional coverage from a homeowner's policy. Mr. Nelson successfully argued to the Circuit Court of Kanawha County that the client's homeowner's policy clearly and unambiguously excluded coverage for liability arising out of the use of a motor vehicle.

Employment Law - Plaintiff's Settlement

The firm obtained a favorable settlement on behalf of an individual who had been terminated by his employer, a large, multi-national corporation, after he had suffered an on the job injury. The company refused to reinstate the employee despite his repeated attempts to alert the company that its conduct violated West Virginia anti-workers' compensation discrimination statutes. The firm filed a lawsuit for the plaintiff and, after extensive discovery, was able to prove that the employer had not only violated the statutes when it terminated the client, but that it also had unfairly targeted him for heavy duty work until he aggravated his previous compensable injury. The terms of the settlement were confidential.

Contact Us

Each of our attorneys is fully qualified to represent clients in any trial or appellate court, state or federal, in West Virginia. Our clients include accident victims, professionals involved in administrative hearings, insurance providers, and corporations. We frequently serve as local or primary counsel in multi-state actions involving complex litigation.

If you would like to discuss your legal needs with one of the firm's litigators, contact our Charleston law office and make arrangements for a consultation. There is no charge for the initial interview, and we will give you an early and accurate assessment of the risks and potential benefits of litigation.

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Francis, Nelson & Brison, PLLC
1560 Kanawha Boulevard, East
Charleston, WV 25311
phone: 304-342-4567
fax: 304-342-4575
Responsible Attorney: M. Andrew Brison