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WLU hosts W.Va. Court of Appeals

Joselyn King IN SESSION — West Virginia Intermediate Court of Appeals Judge Charles O. Lorensen, left, Chief Judge Dan Greer and Judge Ryan White convene court at West Liberty University on Wednesday.

WEST LIBERTY — The West Virginia Intermediate Court of Appeals brought its docket to West Liberty University on Tuesday, where students and the public observed cases involving political speech and medical malpractice.

Chief Judge Dan Greer and judges Charles O. Lorensen and Ryan White heard arguments in four cases and will issue rulings at a later date.

Greer noted it was the sixth time the court has taken its proceedings on the road. The court began hearing cases in July 2022.

“It’s a great opportunity for our court to get out of Charleston and let people throughout the state get a picture of what the judiciary looks like, particularly college students,” he said. “The Supreme Court goes to WVU and Marshall, but nobody else goes to the four-year colleges.

“We think this is a great opportunity to get out and expose students to the judiciary.”

High school students from Ohio County and surrounding areas also were invited to attend.

Greer said the judges will issue a decision “one way or the other” on all four cases and outlined their options.

They can affirm the decision, meaning the lower court ruled correctly, reverse the decision or remand the case back to the trial court.

“Or we can do something in between and remand it back to the trial court,” Greer said. “We do not have the option of just passing it on to the (West Virginia Supreme Court of Appeals). The parties can do that after our decision is reached.

“We will render a decision saying what happened below was either right, wrong or needs to go back for more work.”

— The first case originated in Jefferson County in August 2022 and involved a “Let’s Go Brandon” flag placed by property owner Michael B. Wilber within the Locust Hill Unit Owners Association.

Property owners must sign a declaration prohibiting signs, flags or banners endorsing political campaigns, and the flag was deemed a political sign. The HOA ordered it removed and issued fines.

When Wilber did not comply, the HOA filed suit. Wilber filed a countersuit, arguing the HOA failed to follow required procedures.

An advisory jury later found the flag was a prohibited campaign sign, and the court ordered it removed. Wilber appealed.

Attorney James P. Campbell argued the flag represented protected political speech, not a campaign sign. He said Wilber had a friend named Brandon and was showing support for him.

Court records indicate Wilber previously displayed anti-Joe Biden signs.

Attorney Christopher P. Stroech, representing the HOA, argued the circuit court ruled correctly.

— The second case involved a vintage helicopter crash during the “Huey Reunion” event at Logan County Airport in June 2022. The helicopter struck unmarked, unused power lines during an emergency landing after engine failure, killing all six aboard.

The widow of Kevin A. Warren, a Vanderbilt University engineering professor, filed suit against multiple entities, including Appalachian Power, alleging the company failed to mark or remove the lines.

The Logan County Circuit Court granted summary judgment to Appalachian Power, ruling the company had no duty under FAA regulations to address the lines.

Warren’s attorneys argue the court erred, while the company maintains it “owed no duty to protect against a helicopter falling out of the sky onto a power line.”

— The third case from Wood County involved a 2020 surgery in which a doctor removed part of a patient’s colon. The patient alleged he was not properly informed of risks or alternatives and experienced complications.

A mistrial was declared after the patient’s attorney repeatedly referenced testimony from a medical expert who had been excluded after moving away. The judge said the attorney “behaved poorly” and allowed improper evidence to reach the jury.

The court later dismissed the case with prejudice and granted sanctions.

Attorney Anthony J. Magistro argued the dismissal was unwarranted, saying the conduct was not egregious enough.

Attorney Richard D. Jones argued the actions were intentional and justified the ruling.

— The fourth case from Berkeley County involved alleged medical malpractice following spinal surgery in March 2020.

The patient, who could walk and function independently before surgery, experienced severe complications afterward and was left quadriplegic.

He filed suit alleging hospital staff failed to properly diagnose and treat his condition.

The court granted summary judgment in favor of the hospital in December 2024.

Attorney C. Edward Amos argued the court failed to consider full expert testimony and said proper care could have prevented or reduced the injuries.

Attorney Lauren Krupica argued there was no evidence linking the hospital’s actions to the outcome.

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