W.Va. Supreme Court Chief Justice Robin Davis
CHARLESTON, W.Va. — An ABC News report is calling into question the conduct of the state Supreme Court’s chief justice.
The report, titled “Lear Jet Justice in West Virginia: A ‘Circus Masquerading as a Court,’” was released Tuesday. It claims an attorney helped raise thousands of dollars for Justice Robin Davis’ 2012 reelection campaign and later purchased a private jet from Davis’ husband, Scott Segal, for more than $1 million.
The attorney, Michael Fuller, would later argue a high-profile nursing home verdict in front of Davis.
The report also said Fuller hired Paul Farrell, who works at the law firm founded by Justice Menis Ketchum and employs Ketchum’s son, to help defend the award.
Ketchum, who had a “strong public position in favor of the $500,000 cap,” recused himself from the case, according to the report.
Fuller, an attorney with the firm McHugh Fuller, represented the family in a lawsuit against Heartland of Charleston, owned by Manor Care Inc., alleging severe neglect led to the death of an 87-year-old woman.
Tom Douglas filed the lawsuit claiming his mother, Dorothy Douglas, died from dehydration. Douglas’ attorneys said after her stay, she was “dehydrated, malnourished, bed ridden and barely responsive” and had suffered head trauma from several falls.
Nursing home attorneys said she died from dementia, which is listed as the cause of death on her death certificate, in Hospice of Huntington 18 days after her stay at Heartland.
In 2011, a Kanawha County jury awarded $91.5 million to Douglas’ family. The lower court later determined the Medical Professional Liability Act cap applied to part of the award and reduced the verdict by $1 million. Earlier this year, the state’s highest court reduced that verdict further to about $38 million. Davis wrote the majority opinion in this case.
When it was sent back to the lower court, a Kanawha County judge approved the settlement and divvied about $20.5 million between two family members after taking out $17 million for attorneys’ fees, $300,000 for attorneys’ expenses and $50,000 in liens.
The ABC News report said Fuller’s firm received “one of the largest payouts he’s ever secured.”
Fuller, who didn’t immediately return calls from the Daily Mail, told ABC News that Ketchum’s recusal “never entered his calculation” when he hired Farrell but said he knew he would have to recuse himself. He also said he didn’t know how the justice would rule in this case.
The report also said in one day, 18 donations to Davis’ reelection campaign at the maximum amount came from donors with ties to Fuller.
When asked about campaign contributions, he told ABC News, “Was I an advocate for Justice Davis, just like other candidates? Sure.”
Roman Stauffer of West Virginia Citizens Against Lawsuit Abuse said the report raised ethical concerns and “reflects negatively upon West Virginia’s legal system…