Reported Cases
Representing people
Our client—a construction laborer working on site at the Hester Industries, Inc.’s chicken processing facility in Moorefield, West Virginia—came to the assistance of his supervisors who were then moving a guy wire, which supported a terminal post for a 19.9 kilovolts phase-to-ground electric service. While moving the guy wire, the guy wire either arced or contacted the electric service, which then passed through Mr. Helmick, resulting in the loss of his arm below the elbow and grounding through his feet with catastrophic exit burns of both feet. The trial in the Circuit Court of Hardy County resulted in what is believed to be the largest verdict returned in a contested civil matter in Hardy County to date, against Potomac Edison Company. Potomac Edison Company continued to defend the case on appeal, and the opinion which summarized the trial is available at Helmick v. Potomac Edison Co., 185 W. Va. 269, 406 S.E.2d 700, 1991. After the appeal affirmed the verdict, Potomac Edison Company petitioned the United States Supreme Court of Appeals, seeking reversal/set aside of the award. That appeal was refused. Potomac Edison Co. v. Helmick, No. 91-265, 502 U.S. 908; 112 S. Ct. 301; 116 L. Ed. 2d 244; 60 U.S.L.W. 3292. Cert. Denied. October 15, 1991.
Representing businesses
In re: State Public Buildings Asbestos Litigation, Mr. Simmerman served as co-liaison counsel for all defendants, specifically appearing on behalf of W. R. Grace & Co., in defense of the State of West Virginia’s asbestos property damage litigation, wherein the State sought to recover asbestos abatement costs, incurred and projected, for all State of West Virginia properties. Mr. Simmerman led in the organization, presentation, and representation of defense interests for the final three years of pretrial proceedings, with monthly conferences and hearings in the Circuit Court of Monongalia County. Mr. Simmerman opened and closed the trial, which began September 14, 1992 and concluded March 17, 1993, and resulted in (notwithstanding the trial judge having directed liability on the issue of product defect) an award of zero damages to the State of West Virginia. Ultimately, that verdict was set aside by the trial court. The Trial Court’s ruling was later affirmed by the West Virginia Supreme Court in 454 S.E.2d 413, 193 W. Va. 119, 1994, and the petition for appeal, challenging the set aside of the defense verdict, was presented to the United States Supreme Court; however, that appeal was refused. 115 S.Ct. 2614, 515 U. S. 1160, 132 L. Ed. 2d 857. cert. denied.
Representing professionals
In the matter of Leo M. Mullen, M.D. v. Robert B. Skinner, a legal malpractice claim, Mr. Simmerman along with other members of the firm of Steptoe & Johnson, where Mr. Simmerman was then a partner, appeared on behalf of the defendants. Summary judgment for the defense was granted, and later affirmed by the Fourth Circuit Court of Appeals. Dr. Mullen’s petition for review to the United States Supreme Court was refused. Mullen v. Skinner, No. 85-462., Supreme Court of the United States, 474 U.S. 980; 106 S. Ct. 383; 88 L. Ed. 2d 336; 54 U.S.L.W. 3328, cert denied. November 12, 1985.
