Clayton Fitzsimmons

Areas of Practice

Attorney Clayton Fitzsimmons concentrates his practices on representing workers injured on the job and family members of workers who have been killed in a workplace injury. He has experience in litigating "deliberate intention" claims against employers, as well as coal mining accidents, oil and gas accidents and explosions, construction accidents, industrial accidents, and workplace accidents.

He also represents workers who have developed lung cancer and mesothelioma as a result of exposure to asbestos or other injuries as a result of toxic exposure. In addition to this, Clayton focuses his practices on representing consumers injured by defective prescription drugs and medical devices. Clayton also routinely represents clients in claims involving trucking and tractor-trailer accidents.

Notable Cases

Clayton has successfully tried cases to verdict as second-chair, including one of the largest wrongful death verdicts ever in Ohio County. In the underlying case, Clayton represented the family of a 16 year old girl tragically killed in a motorcycle accident when the driver of the motorcycle crashed into a car while driving at excessive speeds.

The plaintiffs also asserted a cause of action against the owner of the motorcycle for negligently entrusting the motorcycle to the driver and sought vicarious liability against the owner under the family purpose doctrine despite the owner not being related by blood or marriage. The plaintiffs were able to successfully argue that the family purpose doctrine should be extended to individuals not related by blood or marriage and the judge made a ruling that it applied in the underlying case. The jury returned a verdict against both defendants including a significant award of punitive damages.

Clayton also served as co-counsel in a landmark wrongful death settlement against one of the largest utility companies in the country. In that case, Clayton represented the family of a 27 year old boilermaker killed in a construction fire during the installation of a fiberglass liner. The family brought claims against the employer, its subcontractor and the premises owner asserting multiple causes of action. The case ultimately settled after a jury was picked and counsel for the plaintiffs delivered opening statements.

Clayton has also successfully briefed and argued cases before the West Virginia Supreme Court of Appeals.

Honors & Achievements

Clayton was selected for membership into The National Trial Lawyers: Top 40 Under 40 for West Virginia after practicing for only 4 years in 2012. In 2013, Clayton was selected again as one of the Top 40 Trial Lawyers in West Virginia under 40. This membership is invitation only and reserved exclusively for those who have exemplified superior qualifications, as well as results and leadership. In 2013, Clayton was also selected by his peers as a Super Lawyers Rising Star for West Virginia for general personal injury litigation.

Memberships & Courts ADmitted to Practice

Clayton is admitted to practice law in the states of West Virginia and Ohio, as well as the United States Court of Appeals, 4th Circuit; the United States District Court, District of Columbia Court of Appeals; and the United States District Courts for the Northern and Southern Districts of West Virginia.

Clayton serves on the Board of Governors for the West Virginia Association of Justice and was selected as a Trustee for the Ohio Association for Justice. He is also a member of the American Association of Justice, the West Virginia Bar Association, the District of Columbia Bar and the Ohio County Bar Association, where he previously served as Secretary. Clayton is also a lifetime member of the West Virginia Bar Foundation which is the philanthropic organization for the legal profession and justice system in West Virginia.

Clayton currently resides in his hometown of Wheeling, WV with his wife, three daughters, and two rescue dogs.

Publications:

• "Handbook of Neurological Sports Medicine", by Anthony Petraglia, M.D., Julian Bailes, M.D., Arthur L. Day, M.D., Human Kinetics, 2015. Chapter: Medicolegal Considerations in Neurological Sports Medicine

Bar Admissions:

• West Virginia
• Ohio
• United States Court of Appeals, Fourth Circuit
• United States District Court, District of Columbia Court of Appeals
• United States District Court, Northern District of West Virginia
• United States District Court, Southern District of West Virginia