West Virginia Supreme Court of Appeals Upholds Ruling in Case Against Bank Defendants
On November 16, 2018, the West Virginia Supreme Court of Appeals upheld a ruling that Freedom Bancshares, Inc. and Freedom Bank, Inc. were entitled to summary judgment. The plaintiff had sought to recover from the bank defendants for injuries he received from a head-on collision involving one of the bank defendants’ board members who was driving to a board meeting. The Supreme Court of Appeals agreed with the bank defendants, represented by Jeffrey M. Wakefield and Jason L. Holliday, that the bank director’s travel to the board meeting was a routine commute to work that fell within the commonly-known “going and coming” rule. Under the rule, the director’s travel to and from the board meetings fell outside of the scope of his employment, meaning the bank defendants could not be liable for the accident.
Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.