Date: 04-13-2023

Case Style:

Sherry Lyn Jones v. Hardy Storage Company, LLC, et al.

Case Number: 2:20-CV-43

Judge: Thomas S. Kleeh

Court: United States District Court for the Northern District of West Virginia (Randolph County)

Plaintiff's Attorney:

Defendant's Attorney: Lucas Liben, Nicolle Renee Synder Bagnell

Description: Elkins, West Virginia personal injury lawyer represented Plaintiff who sued defendants on a torts to land theory.

"West Virginia torts to land law is a complex area of law that governs the rights of landowners and those who enter their land. Under West Virginia law, landowners have a duty to exercise reasonable care to prevent harm to those who enter their land. This duty of care is based on the relationship between the landowner and the person who enters the land.

There are three main types of relationships that can give rise to a duty of care:

Licensees: A licensee is someone who is invited onto the land by the landowner for a specific purpose. For example, a salesperson who is invited onto the land to sell a product is a licensee. Landowners owe a duty of care to licensees to prevent them from harm, but this duty is lower than the duty owed to invitees.
Invitees: An invitee is someone who is invited onto the land by the landowner for their own purposes. For example, a customer who is invited into a store to shop is an invitee. Landowners owe a duty of care to invitees to prevent them from harm, and this duty is higher than the duty owed to licensees.
Trespassers: A trespasser is someone who enters the land without the landowner's permission. Landowners do not owe a duty of care to trespassers to prevent them from harm. However, landowners may be liable for harm to trespassers if they know or should know that the trespasser is on the land and that the trespasser is likely to be harmed.

There are a number of things that landowners can do to reduce their risk of liability under West Virginia torts to land law. These include:

Keeping their property in a safe condition;
Posting warning signs about potential hazards;
Providing adequate security measures; and
Supervising children who are on the property.

If you are injured on someone else's land in West Virginia, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit against the landowner if necessary."
Google Bard

Outcome: 04/13/2023 49 STIPULATION of Dismissal by Columbia Gas Transmission, L.L.C., Hardy Storage Company, LLC. (Bagnell, Nicolle) (Entered: 04/13/2023)
04/13/2023 50 ORDER OF DISMISSAL: ORDERED that this civil action be, and the same is hereby, DISMISSED WITH PREJUDICE and retired from the docket of this Court. Signed by Chief District Judge Thomas S Kleeh on 4/13/23. (jss) (Entered: 04/13/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: