MORGANTOWN – A Weirton attorney in the middle of a fee dispute with a former associate is no stranger to being a party in a lawsuit.
Raymond Hinerman is the attorney who, in 2010, sued former West Virginia University and current Arizona football coach Rich Rodriguez and his wife over problems with the purchase of the coach’s Morgantown home.
The Hinermans sued after water damage was found in one of the rooms of the house shortly before the purchase was finalized. A Monongalia County jury recently ruled against the Hinermans in the case, but they are asking the court to reconsider its ruling.
Monongalia Circuit Court Judge Phillip Gaujot previously had denied a request for a new trial.
According to court filings, the Hinermans claim they never received notice of a hearing. Hinerman claims defense attorney David Jecklin told the court he sent notice to Hinerman about the hearing.
But, Jecklin alleges Hinerman is misrepresenting and misquoting a transcript. Jecklin claims he never said that he gave notice of the hearing date for the motion.
The Hinermans also claim that they were prejudiced by the court’s ruling on the motion to quash hearing. Jecklin states they were not prejudiced and the court did initially remove the subpoenas, but reversed its decision during the trial and Barnum and Wigal testified.
The case already had been before the West Virginia Supreme Court of Appeals in 2012 after Gaujot had dismissed the case, saying the leak was disclosed before the sale and the Hinermans bought the property anyway.
Hinerman appealed to the state Supreme Court, claiming the case shouldn’t have been thrown out without a sufficient opportunity for discovery in the case.
It was then sent back to Monongalia Circuit Court for this January’s trial where Gaujot against ruled for the Rodriguezes.
Monongalia Circuit Court case number 10-C-896