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WEST VIRGINIA RECORD

Friday, March 29, 2024

Justices say court reporting service rightfully granted summary judgment in case against attorney

State Court
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CHARLESTON — The West Virginia Supreme Court of Appeals found that a circuit court rightfully granted summary judgment in a case involving a West Virginia attorney and a court reporting service.

Evidence in the case clearly supports the award of summary judgment in favor of ELSS Executive Reporting, the court ruled.

Steven Brett Offutt appealed a Jan. 30, 2019, order of by Jefferson Circuit Court that granted summary judgment in favor of ELSS Executive Reporting LLC.

The Supreme Court found no substantial question of law and no prejudicial error in the case, the opinion states.

Offutt, an attorney, contacted Samantha Frey in 2016 for court reporting services. Frey scheduled depositions for five dates in March and May 2016 in a case involving a man named Gregory Hall, who was suing the city of Clarksburg in federal court.

At the time, Frey’s business was a sole proprietorship located in Maryland and known as “ELSS Executive Reporting.”

It is undisputed that court reporting services were rendered by Frey and her associate and that Offutt was provided with the transcripts that resulted from the depositions, the Supreme Court said.

Frey's business was reorganized on April 15, 2016, as a limited liability company and she subsequently billed $8,224.75 for the court reporting services. 

Offutt tendered a check for $500 as partial payment on July 26, 2016. However, Frey rejected the payment because, according to her counsel, "[t]here was concern about that being somehow accord and satisfaction."

Frey's company then filed a complaint against Offutt and Hall in Jefferson Circuit Court alleging breach of contract, unjust enrichment, quantum meruit, and "fraud/deceit/theft," the decision states.

During discovery, Offutt agreed that he was not dissatisfied with the service that was provided by Frey and her associates and that he did not dispute the amounts owed for the services. However, he claims that in contingency fee cases, it is his clients who are responsible for the payment of costs and expenses incurred in connection with the litigation. He told the court he believed Hall was responsible for the court reporting services.

The parties then filed cross-motions for summary judgment. The circuit court conducted a hearing, after which it issued a summary judgment in favor of ELSS and awarding the company $8,224.75 plus interest.

"Because the record is clear that Ms. Frey performed court reporting services for petitioner and at his request and that she reasonably expected that petitioner would pay for such services, we conclude that equity dictates that such payment be made consistent with the circuit court’s January 30, 2019, order," the court wrote.

West Virginia Supreme Court of Appeals case number: 19-0194

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