Clayton J. Fitzsimmons
Attorney Clayton Fitzsimmons concentrates his practices on representing
workers injured in the workplace and family members of workers who have
been killed in a work place injury. He has experience in litigating "deliberate
intention" claims against employers, 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.
Clayton has successfully tried cases to verdict as second-chair, including
one of the largest wrongful death verdicts ever in Ohio County, West Virginia.
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
Clayton has also successfully briefed and argued cases before the West
Virginia Supreme Court of Appeals.
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.
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 attended Cornell University where he received a Bachelor of Arts
in Government in 2005. During his time there, Clayton was a four year
member of the football team and two year letterman. Clayton received his
Juris Doctor in 2008 from the University of Notre Dame Law School where
he graduated with honors.
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,
daughter, and two dogs.
University of Notre Dame Law School, J.D., cum laude (2008)
Cornell University, B.A. (2005)
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
- "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