Wesley W. Metheney

“Every case, large or small, receives our utmost attention, earnestly applied skills, and unwavering determination to win.”

Former President of the West Virginia Association for Justice (West Virginia Trial Lawyers Association)

As a West Virginia native, Wes Metheney was born, raised and educated in Morgantown, Monongalia County and has been trying complex legal cases throughout the state and surrounding states since 1983.  He handles civil, criminal, and domestic cases at both trial court level and appellate levels.

Wes is one of only nine lawyers in West Virginia who is Board Certified in Civil Trial Advocacy and Civil Pre Trial Practice Advocacy.  Board Certification in these fields is provided by the National Board of Legal Specialty Certification, which is an American Bar Association accredited organization.

In 2010, Wes was selected as a member of the National Trial Lawyers Association, a national organization composed of the Top 100 Trial Lawyers from each state.  Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, stature, and profile as a trial lawyer for civil plaintiffs or criminal defendants.

Since 2007, Super Lawyers has listed Wes as one of the Top 5% of the lawyers in West Virginia.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and assessment.

Wes Metheney has been selected by his peers for inclusion in the 21stEdition of The Best Lawyers in America© in the practice of Personal Injury Litigation-Plaintiffs for 2015.  Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For more than three decades, Best Lawyers has been regarded-by both the profession and the public-as the most credible  and definitive guide  to legal excellence in the united States.

Wes has also received the highest rating from Martindale Hubbell, AV Preeminent, which is a significant rating accomplishment – a testament to the fact that the lawyer’s peers and clients rate him at the highest level of professional excellence with very high ethical standards.

In 2014, after having been nominated by his peers and evaluated by its Board of Governors,  the National Academy of Personal Injury Attorneys (NAOPIA) designated Wes  as one of the TOP 10 Personal Injury Attorneys in the State of West Virginia. This designation is awarded only to those lawyers who demonstrate knowledge, skill, experience, expertise and success in the specific area of personal injury law.

In 2014, Mr. Metheney was also selected as one of the TOP TEN lawyers in the State of West Virginia by the National Academy of Family Law Attorneys.

Wes is also a Founding Member of The National Association of Distinguished Counsel of America and has been designated as one of the Nation’s Top 100 Attorneys by that organization.

Areas of Practice

• Personal Injury
• Wrongful Death
• Product Liability
• Medical Malpractice
• Automobile Accidents
• Divorce
• Workplace Injuries
• Insurance Bad Faith
• Child Custody
• Equitable Distribution
• Criminal Defense in Federal and State Courts
• Catastrophic Injuries

• West Virginia, 1983
• Supreme Court of Appeals of West Virginia
• U.S. District Court Southern District of West Virginia
• U.S. District Court Northern District of West Virginia
• U.S. Court of Appeals 4th Circuit
• U.S. Court of Federal Claims
• U.S. Supreme Court

• West Virginia University College of Law, Morgantown, West Virginia
  • Doctor of Jurisprudence – 1983

• West Virginia University, Morgantown, West Virginia
  • Bachelor of Science – 1968

• Outstanding State Delegate, Association of Trial Lawyers of America
• President’s Award, West Virginia Association for Justice (West Virginia Trial Lawyers Association), 2000
• Member of the Year, West Virginia Association for Justice (West Virginia Trial Lawyers Association), 1988
• Founding Fellow, Southern Trial Lawyers Association
• Best Advocate Award, Gourley Cup Trial Competition
• Best Advocate Award, Lugar Cup Trial Competition
• Order of Barristers
• Moot Court Board
• West Virginia Bar Foundation Fellow 2008
• Founding Member, National Association of Distinguished Counsel
• Martindale Hubbell AV Rating
• Best Lawyers in America
• Best Attorneys in West Virginia
• West Virginia Super Lawyers 7 years
• The Top 100 Trial Lawyers in West Virginia
• Top 10 Attorney Award NAOPIA
• Top 10 Attorney Award  NAFL
• American Institute of Personal Injury Attorneys Ten Best Client Satisfaction Award
• Distinguished Eagle Scout Award

Certified Legal Specialties

• Board Certified Civil Trial Advocate, National Board of Trial Advocacy
• Board Certified Civil PreTrial Practice Advocacy, National Board of Trial Advocacy

Professional Associations and Memberships

• American Association of Justice – AAJ, Sustaining Member, M Club
• West Virginia Association for Justice (West Virginia Trial Lawyers Association), President, 1995 – 1996
• West Virginia Association for Justice (West Virginia Trial Lawyers Association), Member of the Year , 1988 – Present
• West Virginia Association for Justice (West Virginia Trial Lawyers Association), President’s Award , 2000 – Present
• West Virginia Association for Justice (West Virginia Trial Lawyers Association), Board Member, 1984 – Present
• West Virginia Association for Justice (West Virginia Trial Lawyers Association), Sustaining Member, 1985 – Present
• Founding Fellow of the Southern Trial Lawyers Association

Medical Malpractice:

• Riggs v. WVU Hospitals, et. al., – hospital negligence; landmark infection case
• Johnson, Lofton v. WVU Hospitals, et. al. – hospital negligence case; landmark exposure to AIDS case
• Geroda v. University of WV Board of Trustees, WVU Hospitals, et. al. – wrongful death,  physician and hospital negligence, negligently performed carotid endarterectomy which ruptured resulting in death
• Bush v. University of WV Board of Trustees, WVU Hospitals, et. al. – wrongful death, cancer case, failure to diagnose cerebellum fossa tumor leading to herniated brain stem during surgery.
• Kose v. University of WV Board of Trustees and WVU Hospitals, et. al. – wrongful death, cancer case; negligent diagnosis of cancer and improper treatment
• Pethtal v. Thompson and Fairmont General Hospital – wrongful death, emergency room, failure to diagnose subdural hemorrhage
• Cady v. Jones and Monongalia General Hospital – hospital/physician negligence, spinal stenosis surgery, paralysis
• Snyder v. Weyrich and Reynolds Memorial Hospital – wrongful death, sinus surgery, brain perforation during surgery (Moundsville, WV)
• In Re: Death of Baby Boy Currence – wrongful death of infant, failure to provide proper Strep B testing (Davis Memorial Hospital)
• Murphy v. Womancare Ob-Gyn – wrongful death of infant – failure to diagnose diaphragmatic hernia in utero
• In Re: Death of Baby Girl Myers – wrongful death of infant – failure to diagnose necrotizing gram pneumonitis
• Futten v. University of WV Board of Trustees and WVU Hospitals – wrongful death of twin infants, failure to diagnose fetal distress and negligent failure to perform emergency C-Sections
• Cortes-Vargas v. Lotshaw – physician negligence during hysterectomy resulting in multiple injuries, hemorrhage and paralysis.
• Roby v. Kassis, M.D. – wrongful death, physician negligence, failure to diagnose and treat prostate cancer

Defective Products:

• Sonya Carl v. Piper Aviation Trust – inflight breakup of aircraft, wrongful death
• Shroyer v. Boston Scientific – cardiac personal injury, negligent manufacture of cardiac cutting balloon
• Wolfe v. Bechtel, et al. – wrongful death, negligent design of coal silo at electrical generating plant
• Mayle v. Ahlstrom Pyropower, et. al. – defective design, manufacture and collapse of fly ash bin system resulting in severe burns and other injuries at electric generating plant.

Workplace Injuries:

• Robert Phillips v. Moore Business – loss of toes on loading dock, deliberate intent
• Mayle v. Ahlstrom Pyropower, et al. – severe burns, deliberate intent case against employer
• Prater v. B & O Railroad, et. al. – wrongful death, negligent operation of train – FELA case

Sexual Abuse Cases:

• Miller v. Monongalia County Board of Education – sexual abuse by a teacher
• Vance v. Monongalia County Board of Education – sexual abuse by a teacher
• Greulick v. Pocahontas County Board of Education – sexual abuse by teacher

Motor Vehicle Accidents:

• McCormick v. Federal Express, et. al. – negligent operation of vehicle, driving left of center, injuries to multiple parties, including paralysis of five year old child
• Weaver v. Lanham – wrongful death of mother and spinal cord injuries and paralysis of three minor  children; negligent operation of vehicle crossing center line
• Slavensky v. Monongalia County EMS, et. al., – negligent operation of ambulance; severe injuries to health care worker
• Henry v. Schwann’s – negligent operation of delivery vehicle; failure to avoid collision, Driving at high rate of speed, multiple injuries
• Kines v. Larew Wrecker Service – negligent operation of commercial wrecker resulting in spinal injuries to third party driver
• Crooks v. Paul Thomas & Sons Trucking, et. al. – negligent operation of tractor trailer, chain reaction collision, multiple injuries

Miscellaneous Civil Cases:

• Britton v. City of Clarksburg Board of Parks & Recreation – negligent design and placement of skateboard park and negligent operation of motor vehicle resulting in injuries to child riding skateboard on sidewalk after being struck by motor vehicle
• Vecchio v. Lumberport Public Service Sewer District and City of Lumberport – Residential damage – improper construction and maintenance of sewer lines resulting in sewage backup and property damage and loss of use of home and belongings
• Friend v. Hampshire County Board of Education – employment/contract case; wrongful discharge of Superintendent of Schools
• Kuhn v. United States of America – Federal tort claim; premises liability; improper maintenance of post office by United States Post Office resulting in fall and severe injuries

Insurance Claims:

• Bishop v. State Farm – stacking of underinsured motorist coverage
• Mullenax v. State Farm – stacking of underinsured motorist coverage

Criminal:

• State v. Frabutt – embezzlement
• State v. Peddicord – arson
• State v. Simms – murder
• State v. Haller – rape
• State v. Richter – wanton endangerment with firearm

Appellate Cases in Supreme Court:

• Sellaro v. Sellaro – alimony; equitable distribution
• Robinson v. Randolph County Commission – wrongful death; jail suicide
• Spears v. Spears – appeal, child custody.
• In Re: Metheney – right to bear arms – concealed weapon permit
• Erika Miller v. Mon County Board of Education – wrongful dismissal of case

Highly active in Scouting activities for Mountaineer Area Council- BSA.  Member of Executive Board, Two Term President and current Vice President of Enterprise Risk Management.  Active as Chair of Distinguished Citizen Award Committee, Long Range Planning Committee and Top Table Host  for Friends of Scouting Annual Fundraiser.