BG Wins Appeal in Dismissal of Negligence Lawsuit for Client APCo

A Bailey Glasser litigation team won an appeal before the Intermediate Court of Appeals of West Virginia on behalf of our client Appalachian Power Company (“APCo”).  The team in this case included partner and lead counsel Brian Swiger, partner and Civil Defense Practice Group Leader Rebecca Pomeroy, and lawyers Christopher Smith and Savanna Jones.

In this case, our client was accused of playing a role related to a motorcycle accident that occurred on Route 75 in West Virginia.  After discovery concluded, our client won summary judgment because we proved, and the lower trial court correctly held, that APCo could not be liable for failing to maintain a driveway that it did not build, use, or own.

Indeed, all parties had admitted on appeal, that they had no evidence that APCo owned, maintained, used, or otherwise conducted any activities on the access road.

The Intermediate Court of Appeals of West Virginia agreed and found that the petitioners’ negligence claims failed as a matter of law.