Jason A. Proctor

With over a decade of experience, Jason Proctor is a seasoned advocate dedicated to defending large and small businesses and manufacturers in high-stakes product liability disputes. Jason provides strategic counsel and tenacious representation for clients facing complex product defects, safety, and consumer protection claims.

With an undergraduate degree in industrial engineering, Jason Proctor brings a unique perspective on problem-solving.  He has successfully defended clients across diverse sectors, including automotive, medical devices, consumer goods, and industrial equipment. Whether navigating intricate litigation, negotiating favorable settlements, or presenting compelling arguments in court, Jason is committed to protecting clients’ interests and mitigating risk.

Outside the office, Jason is active in his community and enjoys volunteering and working with kids.  He serves as a Sunday School teacher at his church and is a youth soccer and basketball coach.  He and his wife are lifelong West Virginia residents and currently reside in Cross Lanes with their three young sons. 

Professional Involvement

• Federation of Defense and Corporate Counsel (FDCC)
• Product Liability Advisory Council (PLAC)

• Defense Trial Counsel of West Virginia (DTCWV)

  • Board Member
  • Chair, Product Liability Substantive Law Committee
• Defense Research Institute (DRI)

Reported and Unreported Decisions

• Ford Motor Company v. Tyler, 249 W. Va. 471 (W. Va. Ct. App. 2023)
• Ford Motor Credit Company, LLC, v. Miller, 248 W. Va. 231 (2023)
• Toler v. Cornerstone Hospital of Huntington, LLC, 248 W. Va. 537 (2023)
• Moore v. Minardi, No. 22-0187, 2023 WL 2785769 (W. Va. Apr. 5, 2023)
• Thompson v. Charleston Police Civil Serv. Comm., No. 21-0723, 2022 WL 9925080 (W. Va. Oct. 17, 2022)
• Runyan v. Lowe’s Home Centers, LLC, No. 17-0886, 2018 WL 2193689 (W. Va. May 14, 2018)

Representative Legal Work

• Served as local counsel in one of the largest mass tort litigations in U.S. history, including work on numerous depositions, expert reports and disclosures, briefing, and trial preparation
• Obtained defense verdict on behalf of long-term assisted care facility against premises liability claims brought by patient’s family member
• Defended multiple automobile and large truck manufacturers against allegations that various automotive components caused non-collision fires, including fires that allegedly destroyed residential and commercial structures 
• Represented international, national, and local retailers against allegations of sales of defective products, including powered lawn equipment, contaminated bottled water, handguns, gas-fueled wall heaters, air compressors, and lithium-ion batteries
• Represented multiple national and international product manufacturers against breach of warranty and “lemon law” allegations
• Represented numerous retail establishments in premises liability lawsuits   
• Obtained dismissal of all claims against U.S. automobile manufacturer against claims that defective restraint and collision management system caused serious injuries where driver struck utility pole
• Obtained summary judgment on behalf of airbag component manufacturer against claims that airbags failed to deploy and caused serious injuries to driver and passenger in high-speed collision
• Represented chemical supplier against allegations that exposure to compounds manufactured and supplied by client and other defendants resulted in colorectal cancer and death of the plaintiff’s decedent
• Represented international pharmaceutical company in multi-district litigation against claims that cancer treatment caused irreversible hair loss
• Represented U.S. automobile manufacturer in federal court against allegations defective seat belt components resulted in driver’s death following four-vehicle collision
• Represented U.S. automobile manufacturer against allegations that defective seat back components resulted in passenger’s death when vehicle was rear-ended by impaired driver
• Represented U.S. automobile manufacturer against allegations that defective transmission had caused rollover crash, and that allegedly defective airbags caused traumatic brain injury to driver 
• Represented manufacturer of heavy hydraulic lifting equipment against claims following catastrophic lift failure 
• Represented foreign equipment manufacturer in defense of claim that transmission on personal tractor was defective and resulted in personal injuries
• Represented multiple roofing installers against claims alleging negligence and poor workmanship, including matter involving six-figure roofing project on $10 million custom home
• Represented bicycle helmet manufacturer against defect claims brought by rider’s family following fatal crash and head injury
• Represented international manufacturer of plumbing components against allegations that components were defective and caused flooding to commercial structure
• Obtained summary judgment on behalf of national retailer where employee alleged traumatic brain injury during on-the-job accident involving forklift
• Obtained summary judgment on behalf of consumer product manufacturer against allegations that cooking device had exploded and caused serious personal injury
• Obtained summary judgment on behalf of manufacturer and distributor of refrigerator against allegations that defective components had caused leak that damaged private residence
• Obtained summary judgment on behalf of personal safe manufacturer and parent company where safe was destroyed during home break-in and contents were stolen
• Obtained summary judgment on behalf of national auto glass servicer against allegations from customer who sustained serious injuries resulting from fall on premises during wintry conditions
• Obtained summary judgment on behalf of West Virginia physician against business interference claims brought by competing medical provider
• Represented large consumer staple manufacturer against allegations of wrongful termination by former employee

Additional Legal Experience

• IADC Trial Academy, Stanford University (2019)

• U.S. Supreme Court Litigation Clinic, WVU College of Law (2012-2013)
• Teaching Assistant, Professional Responsibility, WVU College of Law (2012-2013)
• Summer Associate, Flaherty Sensabaugh Bonasso (2011-2012)

• Best Lawyers: Ones to Watch - Charleston
  • Product Liability Litigation - Defendants (2021 - 2025)
• Listed, West Virginia Super Lawyers - Rising Stars
  • Personal Injury Defense: Products (2020 - 2023)
• Senior Editor, Volume 115 of the West Virginia Law Review
• Associate Editor, Volume 114 of the West Virginia Law Review
  • Associate Editor of the Year
• CALI Award for Excellence: Trial Advocacy, Pretrial Litigation, Torts, Constitutional Law, Professional Responsibility, Legal Estate Planning, Intellectual Property Seminar
• Tau Beta Pi Engineering Honor Society