Local attorneys sued over mishandling of CSX case in West Virginia

Justin Anderson Jun. 18, 2009, 2:38am


WHEELING, W. Va. - Local law firms and attorneys have been sued in federal court in West Virginia by clients claiming the lawyers mishandled a consolidated a lawsuit against CSX Transportation.

The lawsuit was filed by 15 North Carolina residents on June 3 in U.S. District Court in Wheeling, W. Va., against a number of attorneys in Texas and Georgia.

Named as defendants are law firms Provost Umphrey and Law Offices of David E. Bernsen and individual lawyers Rodney B. Barnwell, Matthew C. Matheny, Matthew Willis, David E. Bernsen, Edward Shuff Cook, Donald F. Ruzicka and 10 unnamed lawyers.

The plaintiffs, both individuals and representatives of estates, all had previously filed lawsuits in different states alleging that while they worked for CSX they developed arthritis and other injuries having to maneuver on large and irregular ballast.

The defendants consolidated the cases and filed a lawsuit in Marshall County in 2004, the complaint says.

But according to the plaintiffs, the lawyers failed to properly handle the litigation in a number of ways.

Among the plaintiffs' allegations are that the lawyers failed to timely engage expert and medical witnesses; failed to investigate the plaintiffs medical claims; failed to investigate the admissibility of certain evidence.

The plaintiffs also alleged they were kept in the dark about developments in the case and that the lawyers failed to properly prepare for and represent three of the plaintiffs at a trial that was scheduled for June 4, 2007.

Foremost in the list of allegations is that the lawyers settled on behalf of all but one of the plaintiffs - Carroll W. Garner - for amounts that were less than what the plaintiffs believe they would have received from a jury.

One of the plaintiffs, Lloyd D. Wheeler, alleges that his case was settled without his authority.

In Garner's case, the complaint says his counsel failed to tell him that he needed to be at the trial and didn't engage a medical witness to support Garner's claims. Under these circumstances, Garner's case was dismissed by the court, the complaint says.

The other plaintiffs are: Ernest R. Bryant; the estate of Mitchell L. Cockman by personal representative Elaine Cockman; David H. Davenport Jr.; Hiram T. Davidson Sr.; Jerry W. Hinson; Bobby C. Lambert; John S. McIver; Russell D. Pait; the estate of Jerry M. Snead by personal representative Linda C. Snead; A.B. Strickland; Matthew Stroman Jr.; Gregory Warnock; and James R. Williams.

The plaintiffs are seeking compensatory damages for emotional distress and monetary loss and reimbursement of legal costs.

Donald J. Tennant Jr. and Jay T. McCamic are representing the plaintiffs. The case is before U.S. District Court Judge Frederick P. Stamp Jr.

U.S. District Court-West Virginia case number: 5:09-CV-61

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