Mr. Simonton is a West Virginia native and graduate of Ohio Northern University’s Claude W. Pettit College of Law. He has worked exclusively with Offutt Simmons Simonton, PLLC (and its predecessor entities) since becoming licensed to practice. Mr. Simonton is a passionate advocate for his clients and has extensive litigation experience in defending healthcare providers and businesses in the areas of medical malpractice, professional liability, employment liability and general civil litigation defense.

Mr. Simonton has served as both first chair and second chair trial counsel for many of the firm’s clients and has obtained several favorable results in complex litigation matters throughout the state’s most dangerous venues.  Mr. Simonton has also served as pro hac vice lead trial counsel in the states of Ohio and Pennsylvania.

In addition to his trial practice, Mr. Simonton has also developed a significant appellate practice and has been lead counsel for many of the firm’s recent appellate victories before the West Virginia Supreme Court of Appeals which have resulted in favorable opinions on critical issues in healthcare litigation in West Virginia.

Practice Areas:

 Civil Litigation, Medical Malpractice, Insurance Defense, Employment Litigation, Appellate Advocacy

Education:

 Ohio Northern University, Claude W. Pettit College of Law, Ada, Ohio

•  Juris Doctor, cum laude 2016

University of Charleston, Charleston, West Virginia

• Bachelor of Science, Accounting, magna cum laude 2013
• Bachelor of Science, Finance, manga cum laude 2013

Admissions:

• West Virginia Supreme Court of Appeals
• All West Virginia Circuit Courts and Magistrate Courts
• United States District Court for the Southern District of West Virginia
• United States District Court for the Northern District of West Virginia

Awards and Recognition:

• Premier Appellate Lawyers – Exclusive Featured Attorney representing Huntington, West Virginia 2022-2023
• West Virginia Super Lawyers – Rising Star 2019 – Present

Representative Cases:

 Zach Damron v. PrimeCare Med. of W.Va., Inc., Case No. 20-0862, 2022 W. Va. LEXIS 456 (June 9, 2022) (Memorandum Decision) 

Affirming dismissal with prejudice where plaintiff attempted to avoid the West Virginia Medical Professional Liability Act by improperly couching his medical negligence claims under the guise of a constitutional deliberate indifference claim. 

Dean Fuller v. City of Huntington, Case No. 19-0881, 2020 W. Va. LEXIS 541, 2020 WL 4355652 (July 30, 2020) (Memorandum Decision) 

Affirming summary judgment and upholding West Virginia’s statutory codified “open and obvious hazard” doctrine to a municipal entity with competing statutory obligations to ensure safety. 

 Stave ex rel. PrimeCare Med. of W.Va., Inc. v. Faircloth, et al, 242 W. Va. 335, 835 S.E.2d 579 (2019)

Establishing: (i) the pre-suit notice requirements of the West Virginia Medical Professional Liability Act are jurisdictional and the failure to provide such notice deprives a circuit court of subject matter jurisdiction; and (ii) that circuit courts have no authority to suspend the West Virginia Medical Professional Liability Act’s pre-suit notice requirements and allow a claimant to serve notice after filing suit.