Mark Gomez, a Registered West Virginia Lobbyist v. A.C.R. Promotions, Inc., a West Virginia Corporation

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for A.C.R. Promotions, Inc. in Mark Gomez’s breach-of-contract action concerning alleged compensation for lobbying services. The court held that Gomez presented no evidence beyond his self-serving assertion that the parties agreed he would receive a contingency fee from litigation proceeds in exchange for those services. The court therefore concluded that no rational trier of fact could find for Gomez on the contract-formation element of his claim.

Holdings

1. Summary judgment was proper because petitioner presented no more than a self-serving assertion that respondent agreed to pay him a contingency fee from a court action in exchange for lobbying services, and therefore failed to create a genuine issue of material fact on contract formation.

Questions Presented

1. Whether the circuit court properly granted summary judgment when the only evidence supporting the alleged oral contingency-fee agreement was petitioner's unsupported assertion.
2. Whether petitioner presented sufficient evidence of contract formation, an essential element of his breach-of-contract claim, to create a genuine issue of material fact.

Disposition

affirmed