Lee Javins

Location:
Charleston, West Virginia
Phone:
304-345-0346
800-497-0234
Fax:
304-345-0375
Email:

Lee Javins has spent the last 20+ years primarily representing injured workers and their survivors.  Most cases involve some combination of workplace liability and product liability involving heavy equipment accidents, logging, electrical injuries and coal mining. Occasionally, Mr. Javins is retained to represent the State in issues ranging from WVU’s departure from the Big East Conference to enforcement actions on behalf of the Attorney General.

Workplace Safety

  • Recovery on behalf of a timber cutter who suffered a traumatic amputation of his leg due to unsafe logging practices
  • Recovery on behalf of a widow whose husband was killed in a roof collapse in an underground mine
  • Recovery on behalf of a widow whose husband was killed when an unsecured log fell from a log truck during the unloading process
  • Recovery on behalf of a widow whose husband was electrocuted while working on an unsafe power center in an underground coal mine
  • Recovery on behalf of a coal miner who was crushed by mine cable which had been caught in the cutter head of a continuous miner
  • Verdict for a teenager whose hand was crushed by a hydraulic log splitter
  • Recovery on behalf of a coal miner who sustained severe head trauma following a collision with a locomotive in an underground mine
  • Recovery on behalf of the family of a project engineer who was fatally injured when an end loader with a disabled warning buzzer backed over him
  • Recovery on behalf of a coal miner who was severely injured following the collapse of a large stacker belt
  • Recovery on behalf of a coal miner whose head was pinned against the mine roof following an unexpected activation of a continuous miner
  • Recovery on behalf of a timber cutter who suffered degloving injuries to both legs after a run away log rolled over him
  • Recovery on behalf of a coal miner who suffered a crushed foot due to a poorly maintained longwall shield
  • Recovery on behalf of a coal miner who was paralyzed following the fall of an improperly supported mine rib
  • Recovery on behalf of a timber cutter who was paralyzed by a falling tree limb as a result of unsafe cutting practices
  • Recovery on behalf of a coal miner who sustained severe electrical injuries caused by poorly insulated mining cable
  • Recovery on behalf of a coal miner who was paralyzed as a result of an unsupported mine rib
  • Recovery on behalf of an electrical worker who fell from a raised work position following an electrical shock from an improperly grounded electrical component
  • Verdict for a rock truck driver who fell from his truck due to an unsafe access ladder
  • Recovery on behalf of a widow whose husband was fatally injured while operating an excavator beyond its capability as required by his employer
  • Recovery on behalf of a cable worker who was impaled by a corrugated metal fence post following an electrical shock while on a utility pole
  • Recovery on behalf of a construction worker whose leg injuries required over 20 surgeries as a result of a fall from an improperly guarded construction site
  • Recovery on behalf of a coal miner who sustained degloving injuries to his arm as a result of a poorly maintained shuttle car
  • Recovery on behalf of a widower whose wife sustained fatal injuries whose automobile rolled over a steep parking lot embankment as a result of inadequate guard rails
  • Recovery on behalf of a part-time construction helper who sustained severe head trauma following a 20 foot fall through an unguarded hole in the construction site roof
  • Recovery on behalf of three injured employees who sustained injuries including paralysis as a result of a building collapse
  • Recovery on behalf of an HVAC worker who fell from an extension ladder, shattering both feet, while servicing rooftop equipment due to no permanent fixed access being offered.
  • Recovery on behalf of a mine worker who sustained permanent hand injuries due to improper training and securement on a vulcanizing unit.

Product Liability

  • Recovery on behalf of a woman who suffered paralysis to her arm following an ATV accident caused by a defective gear shifter
  • Recovery on behalf of a coal miner who suffered severe neck injuries due to the defective design of a coal hauler operator compartment
  • Recovery on behalf of a hunter who suffered paralysis to his leg following the collapse of a climbing tree stand
  • Recovery on behalf of a widow whose husband was fatally injured when his lawn tractor lost control due to a defective transmission
  • Recovery on behalf of a widow whose husband was fatally injured while changing a tire on a defective multi-piece truck rim
  • Recovery on behalf of a passenger of a vehicle which overturned, causing the roof to collapse. During the rollover, the passenger’s occupant protection system failed to adequately secure the plaintiff’s body causing severe and debilitating spinal cord injuries rendering him a partial quadriplegic.
  • Verdict on behalf of a driver who crashed into a brick wall due to an unintended acceleration of his vehicle.
  • Recovery on behalf of a family whose mother was fatally injured in a crash due to an ignition failure which disabled her brakes and airbag.
  • Recovery on behalf of a family whose mother could not get injury assistance for an entire day due to her home alert system failing.

Other

  • Recovery on behalf of a widower whose wife was killed when a roadside tree fell onto her automobile
  • Recovery on behalf of a young man who was paralyzed in an ATV  collision as a result of inadequate training
  • Represented West Virginia University in its litigation concerning its departure from the Big East Conference
  • Recovery on behalf of a mother and daughter who sustained debilitating neck and back injuries when a roadside tree fell onto their vehicle.

Areas of Practice

  • Workplace Injury
  • Product Liability
  • Personal Injury
  • Consumer Litigation

Bar Admissions

  • West Virginia, 1994
  • U.S. District Court Southern District of West Virginia
  • U.S. District Court Northern District of West Virginia

Education

  • West Virginia University College of Law, Morgantown, West Virginia
    • J.D.
  • West Virginia University, Morgantown, West Virginia
    • B.S.

Presentation & Seminars

  • The Cold Calculations Of Coal Mining (Contributor) Forbes.com (April, 2010)
  • 360 Advocacy Presentation, Las Vegas, NV – Check the Tech: Failures Can Result in Large Verdicts (June 2016)
  • West Virginia Association for Justice (WVAJ) Mid-Winter Seminar Presentation, Charleston, WV – Products Liability in the 21st Century: Understanding Technology, Defeating Daubert Challenges and Proving your Case (February 2017)
  • 360 Advocacy Presentation, Jackson Hole, WY – From Car Crashes to Car Defect Cases (March 2018)

Representative Cases

  • State of West Virginia ex rel. Ford Motor Company v. Honorable Warren R. McGraw, Judge of the Circuit Court of Wyoming County; and Danny S. Wellman, Administrator of the estate of Jarred S. Wellman
  • State of West Virginia, ex rel. Discover Financial Services, Inc., v. Hon. David Nibert, No. 13-0086, WL 2460623 (W. Va. S. Ct. Appeal 2013)
  • France v. Southern Equipment, 689 S.E.2d 1 (W. Va. 2009)
  • Barr v. NCB Management Services, Inc., et al., 711 S.E.2d 577 (W.Va. 2011)
  • State of West Virginia, ex rel County Comm. Of Boone County v. Cooke, 475 S.E.2d 483 (W.Va. 1996)
  • State of West Virginia ex rel. v. JPMorgan Chase & Co. et al., Case No. 3:11-cv-00717 [DOC 27] (S.D. W. Va.)
  • C.S. v. United Bank, Inc., Case No. 2:08-921 [DOC 15] (S. D. W. Va.)
  • Logar, et al., v. West Virginia University Board of Governors, et al., Case No. 1:13-cv-145 [DOC 39] (N.D. W. Va.)
  • Johnson, et al v. Ford Motor Co., Civil Action No. 3:13-cv-06529 (S.D.W.Va.) (Doc 1120)
  • State of West Virginia, ex rel. v. McKesson Corporation, Civil Action No. 16-1772 (S.D.W.Va.) (Doc30)

Classes/Seminars

  • Adjunct Professor, Eastern Kentucky University
  • Guest Lecturer, West Virginia University College of Law
  • Presenter, 360 Advocacy

Honors and Awards

  • Supreme Court Pattern Jury Instruction Committee
  • Moot Court Board, West Virginia University College of Law
  • Clinical Law Program

Professional Associations and Memberships

  • West Virginia State Bar
  • West Virginia Association for Justice, Board of Governors
  • American Association for Justice
  • American Bar Association
  • Trial Lawyers for Public Justice