The quarterly

McCuskey Slicer PLLC is excited to announce the addition
Shuman
Brittany N. Ryers-Hindbaugh to our Charleston, West Virginia
of
Ms. Hindbaugh attended law school at Washington and Lee
office.
While in law school, Ms. Hindbaugh was President of the
University.
Society and a Senior Articles Editor for the German Law
Federalist
Additionally, during her third year in law school, Ms.
Journal.
practiced as a student attorney defending clients
Hindbaugh
the Criminal Justice Clinic. Ms. Hindbaugh holds a
through
degree in Psychology with a minor in Women’s and
bachelor’s
Studies from Hope College in Holland, Michigan. Ms.
Gender
graduated from Hope College with cum laude honors
Hindbaugh
was inducted into Psi Chi, the International Psychology Honors
and
QUARTERLY
THE
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W W W . S H U M A N L A W . C O M
T A B L E O F
C O N T E N T S
Welcome Brittany! P. 1
Legal Victories P. 2
Best Lawyers P. 3-4
New Licensure P. 4
W E L C O M E B R I T T A N Y !
Society.

attorneys Christopher D. Negley and Caleb B. David
SMS
dismissals of six cases in Raleigh County Circuit
obtained
The plaintiffs alleged that a non-party driver pulled
Court.
the roadway, struck a vehicle, turned around, struck a
onto
vehicle, and then crashed through the front of a
parked
The plaintiffs, all attendees at a bingo event in the
building.
alleged that the owner of the building was negligent
building,
failing to construct barriers to prevent harm to the
in
occupants from drivers on the adjacent roadway.
building’s
Negley and Mr. David argued that the alleged harm was
Mr.
and, therefore, the defendant building owner
unforeseeable
not owe the plaintiffs a duty to protect against that harm.
did
oral argument, the Court agreed and granted the
Following
Motion to Dismiss in all six consolidated cases.
defendant’s
attorneys Natalie C. Schaefer and Kimberly M. Bandy
SMS
dismissal of their clients in the United States District
obtained
for the Southern District of West Virginia. The Plaintiff
Court
multiple constitutional violations and a request for
alleged
relief while he was an inmate at Mt. Olive
injunctive
Center. Ms. Schaefer and Ms. Bandy argued
Correctional
SMS clients were entitled to dismissal on all counts.
that
thorough briefing, the Court agreed and granted
Following
Defendants’ Motion to Dismiss on all counts, and SMS
the
were completely dismissed from the case.
clients
McCuskey Slicer PLLC Member Roberta F. Green and
Shuman
Justin M. Kearns earned dismissal as a matter of law
Associate
a medical professional in a wrongful death case. Basing
for
arguments on a narrow line of largely overlooked West
their
jurisprudence, the SMS attorneys were able to resolve
Virginia
claim for the defense before the litigation was fully
the
August 19, 2020, SMS
On
Karen McElhinny,
attorneys
Lilly, and Caleb David
Emily
dismissal on behalf
obtained
their client in Caren
of
Jenkins v. CNY
Rachelle
PLLC, et al. in the
Fertility,
Court of Gilmer
Circuit
West Virginia. The
County,
a former patient of
plaintiff,
defendant fertility clinic,
the
that she obtained
alleged
services in the State of
fertility
York, where the fertility
New
is located. She then
clinic
birth to twins in West
gave
The plaintiff alleged
Virginia.
after giving birth to the
that,
Founding Member John F.
SMS
and Member
McCuskey
F. Green prevailed on
Roberta
dispositive motion filed in
a
Court on behalf of a
Business
client, confirming
commercial
of rent to tenant’s [multimillion
rate
dollar] benefit for the
L E G A L V I C T O R I E S
S M S A T T O R N E Y S O B T A I N D I S M I S S A L S
S M S A T T O R N E Y S
O F S I X C A S E S I N R A L E I G H C O U N T Y
O B T A I N D I S M I S S A L
C I R C U I T C O U R T
I N T H E C I R C U I T
C O U R T O F G I L M E R
C O U N T Y
S M S A T T O R N E Y S O B T A I N D I S M I S S A L I N
F E D E R A L C O U R T
twins, she learned...
READ FULL SUMMARY HERE
S M S A T T O R N E Y S
P R E V A I L F O R
C L I E N T I N B U S I N E S S
C O U R T
S M S A T T O R N E Y S E A R N D I S M I S S A L I N A
W R O N G F U L D E A T H C A S E
underway.
next decade.

December 31, 2019, the municipal-health
On
in Wuhan, China, reported to the World
commissioner
Organization 44 cases of unknown etiology.
Health
of those people were severely ill. On January 5,
Eleven
WHO posted online some of the information it had
the
able to glean in the preceding days: The
been
it reported, was traceable to wholesale liveanimal
outbreak,
markets, though it advised against travel
to Wuhan—a city of 19 million in a province
restrictions
58 million—or to China itself. On January 31, Alex
of
the U.S. Secretary of Health and Human
Azar,
declared a public-health emergency. On
Resources,
11, the WHO declared the ongoing novel
March
outbreak a pandemic.
coronavirus
virus has since disrupted every conceivable aspect
The
life worldwide. After a brief lag, civil and criminal
of
is their nature—caught up, as prisoners
litigation—as
compassionate leave to avoid COVID-19 risk and
sought
closed by executive fiat clamored for
businesses
President Trumpsigned the CARES Act
compensation.
law on March 27, and on April 1, the federal
into
First Coronavirus Response Act (FFCRA) was
Families
– Health Care
Litigation
Malpractice Law – Defendants
Medical
– Health Care
Litigation
Malpractice Law – Defendants
Professional
Litigation
Commercial
Law
Construction
B Y R O B E R T A G R E E N
T H E N E X T P A N D E M I C
R E A D F U L L
A R T I C L E H E R E
operational.
C O N G R A T U L A T I O N S
D A V I D L . S H U M A N
K A R E N M C E L H I N N Y
W I L L I A M R . S L I C E R

to attorney Kathryn V.
Congratulations
who was officially sworn in
McCann-Slaughter
the West Virginia bar today. Kathryn has
to
with the firm since the beginning of this
been
practicing in our Winchester, VA office.
year
has been a member of the Virginia Bar
She
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since 2019.