Richard Gravely v. Anthony J. Majestro, Marvin W. Masters and Benjamin L. Bailey

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for attorneys in a legal malpractice action arising from the dismissal of the petitioner’s individual lawsuit related to a chemical spill. The court held that the attorneys were required to seek dismissal under a federal class-action settlement order and that the petitioner could not establish a breach of duty. The court also affirmed the denial of the petitioner’s motion to alter or amend the judgment.

Holdings

1. Summary judgment was proper because the record presented no genuine issue of material fact and respondents were entitled to judgment as a matter of law.
2. The circuit court properly denied Gravely's motion to alter or amend the summary-judgment order.

Questions Presented

1. Whether the circuit court properly granted summary judgment on Gravely's legal-malpractice claim.
2. Whether the circuit court properly denied Gravely's motion to alter or amend the summary-judgment order.
3. Whether Gravely could establish that respondents breached a professional duty by seeking dismissal of his separate action pursuant to the federal class-action settlement order.

Disposition

affirmed