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Charleston WV Personal Injury Law Blog

West Virginia car accident sends passenger to hospital

While the majority of people in West Virginia are likely aware of the potential consequences of driving under the influence, they may be less aware of the dangers associated with fatigued drivers. A driver who falls asleep behind the wheel can easily cause a car accident that can have serious consequences. Unfortunately, one young man was recently sent to the hospital after the driver of the car he was riding in allegedly fell asleep at wheel.

Rescuers were notified about the accident just after 3:30 a.m. one morning in mid-April. According to reports, the driver of a vehicle claimed that he fell asleep, causing him to strike a utility pole. The force of the impact caused the pole to fall over, completely blocking the road.

Judge rules case involving retaliatory discharge can proceed

Politics in West Virginia local governments and other locations can often result in complex dealings. A recent out-of-state case alleging retaliatory discharge involving a sheriff's lieutenant illustrates this complexity. The plaintiff in the case claims that he was fired for addressing concerns about an animal shelter with the sheriff.

The plaintiff served as both the sheriff's lieutenant as well as a member of the Board of Supervisors for the county. He claims that he and other members of the Board discussed possible problems at the county's animal shelter, run by the sheriff. It was in his role as Board member and concerned citizen -- not as an employee -- that he took these concerns, including issues regarding the proper care of the animals as well financial concerns, to the sheriff.

Victims of pregnancy discrimination may have employment law claim

For many women in West Virginia and elsewhere, pregnancy is a time of anticipation and excitement. Many women spend the months leading up to the birth of their baby perusing baby names and designing a nursery. Unfortunately, many pregnant woman and new mothers find themselves facing discrimination from their employers or potential employers. Those who have been victims of such discrimination have the option of filing an employment law claim.

Because of the Pregnancy Discrimination Act, employers with 15 or more employees are forbidden to discriminate against a woman who is pregnant or may become pregnant. The law additionally covers issues of childbirth and medical conditions related to a pregnancy. Primarily, an employer must treat an employee who is pregnant in the same manner as a non-pregnant employee with regards to disability, benefits and other issues.

"Religious Freedom" - The Thing That Couldn't Die

330px-ThingDie.jpg Yesterday I finished a trial that I "won" with a verdict in my client's favor.  However, I "lost" because the result wasn't what my client hoped for.  I was kind of bummed out but came to work my usual chipper self because it's spring and hope, er, springs eternal. 

Former police officer makes employment law claim

People in West Virginia and across the country have reasonable expectations regarding their places of employment. They should receive payment for their work, and they should be able to complete their job responsibilities free from harassment and discrimination. If these expectations are not met, it may become necessary for the employee to file an employment law claim. A former police officer who worked in a different state has recently undertaken such an action after claiming that he was discriminated against and forced to retire for reporting alleged discrimination.

The man in the case was promoted to deputy chief in 2009. Reports indicate that he was the first black person to hold a high-ranking position in the area. However, he claims that his subordinates struggled with taking orders from a black man. He further asserts that the police chief at the time encouraged such insubordination. The plaintiff believes that the chief's actions may have been motivated because the man was a viable option to replace the chief.

Jury awards millions following claims of retaliatory discharge

Firefighters in West Virginia and across the country have extremely dangerous jobs. As a result, they have procedures in place to protect their lives and help ensure the safety of those who need their help. When someone does not follow those procedures, potentially resulting in harm, witnesses should feel comfortable reporting the incident without fear of retaliatory discharge. Unfortunately, one out-of-state firefighter claims that he was a victim of such an action after he accurately reported the events of a fire to the Occupational Safety and Health Administration.

The now 47-year-old man was reportedly an apprentice in 2011 when the incident that led to his termination occurred. According to him, he entered a burning mobile home that contained a disabled man, expecting that another firefighter would enter with him. His lawsuit claims that firefighters are required to work in pairs. However, he asserts that the other man did not enter, leaving the plaintiff alone in the trailer for approximately a minute and a half. The disabled man later died.

Fatal West Virginia accident reportedly result of drunk driving

For many children, a trip to Disneyworld is the fulfillment of one of their dreams. On the return home, they are likely happy with the memories created. Unfortunately, the return trip for several turned into a nightmare after police in West Virginia say that four people were killed in a drunk driving accident.

One witness says the he and his family narrowly missed a collision with a wrong-way vehicle at approximately 1:30 in the morning. He describes the pickup truck as speeding along the middle lanes. Unfortunately, another vehicle was not able to avoid a collision.

West Virginia truck accident sends 3 to hospital

Car accidents happen every single day with varying degrees of consequences. When an accident involves a commercial truck, however, the repercussions can be serious due to the vehicle's size. Unfortunately, three people in West Virginia were recently sent to the hospital following a truck accident.

Emergency workers claim they received reports about the collision one afternoon on a day in late March. The 43-year-old driver of a pickup truck reportedly slowed in order to take a left turn when the vehicle was hit in the rear by a dump truck. Both the driver of the pickup and the 68-year-old male driver of the dump truck were transported to the hospital by helicopter.

Sexual harassment and discrimination: Professor faces allegations

There are many thousands of workers in West Virginia who are dedicated to their jobs, who only want to perform their job responsibilities to the best of their abilities. Unfortunately, victims of sexual harassment and discrimination often find themselves struggling to do this. In many cases when the behavior is reported, it is ignored and allowed to continue. One out-of-state woman has recently filed a lawsuit as a result of the alleged behavior of the dean of a prestigious law school. He has since resigned from his employment position.

The woman worked as the assistant to the dean. She claims that the illegal behavior began in Sept. 2014. She says that it began with him unwanted hugs that eventually turned into kisses on the cheek. She further states that he would also take her hands and place them on his waist. As a result, she required therapy for depression and anxiety.

Therapist says she was fired unjustly for reporting neglect

The vast majority of therapists in West Virginia choose their profession because of their desire to help others. One out-of-state woman, however, claims that she was fired unjustly after she reported what she claims was patient neglect to the management of CooperRiis, the provider of mental health care that employed her. A jury has recently ruled in her favor in a lawsuit filed as a result of her termination.

The woman says she made her concerns known about problems with prescription refills and self-administration of prescriptions leading to overdoses, among other issues, that she claims was evidence of patient neglect. She claims that the company's decisions to fire her in 2009 was the result of those complaints. Her lawsuit requested damages for lost wages and distress, among others.

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