Macel E. Rhodes
General commercial and tort litigation, primarily for insurance carriers. Defended numerous individuals and companies from claims of negligence, personal injury, premises liability, product liability, contractual disputes, construction related matters, employment issues, property matters and motor vehicle/trucking related claims in both State Courts and U. S. District Courts in the State of West Virginia.
Undergraduate:West Virginia University, B.S. Business Administration, 1989
Law School:West Virginia University College of Law, 1992
- Moot Court Board; National Moot Court Team; Lugar Trial Association
- West Virginia
- United States District Court for the Northern and Southern Districts of West Virginia
- West Virginia State Bar
- Defense Trial Counsel of West Virginia
- Monongalia County Bar Association
- Defense Research Institute
- West Virginia circuit courts and magistrate courts
- West Virginia Supreme Court of Appeals
- West Virginia Insurance Commission
- Carper v. Watson, 226 W. Va. 50, 697 S.E.86 (2010). Plaintiff received significantly less at trial than the offer of judgment made by client. Trial court awarded costs pursuant to West Virginia Rule of Civil Procedure 68(c) and plaintiff appealed. This case discusses the legal question of what “costs” can be assessed by a trial court against a plaintiff.
- Evans v. LaRosa, No. 11-1107 (W.Va. Supreme Court, May 29, 2012) (memorandum decision). Petitioners obtained a quitclaim deed of client’s property. Trial judge granted client’s motion for judgment as a matter of law at the close of plaintiffs’ case, finding that plaintiffs were not bona fide purchasers without notice. Plaintiffs appealed. The Supreme Court of Appeals affirmed the trial court’s ruling.
- Evans v. LaRosa, No. 11-1108 (W.Va. Supreme Court, May 29, 2012) (memorandum decision). Plaintiffs asserted claims of adverse possession against client’s property. Trial court granted client’s motion for summary judgment finding that plaintiffs failed to prove each required element of adverse possession. Supreme Court of Appeals affirmed.
- Kanode v. Gills, No. 11-1782 (W.Va. Supreme Court, May 24, 2013) (memorandum decision). Supreme Court of Appeals affirmed dismissal of claims against client based on statute of limitations defense.