Andrew Stonestreet

Andrew Stonestreet is a seasoned litigator with significant experience in healthcare litigation, including medical malpractice claims and professional licensing disputes; business and commercial litigation; condemnation and property disputes; and insurance litigation.  Licensed in West Virginia and Kentucky, Andrew practices from the firm’s Charleston and Morgantown, West Virginia offices.

A substantial portion of Andrew’s practice is focused on defending physicians, hospitals, and other health care providers in medical malpractice actions and professional licensing disputes.  He routinely represents cardiologists, surgeons, urologists, obstetricians, radiologists, and hospitalists in every facet of the litigation process, including taking and defending key depositions, presenting oral argument, and representing his clients at trial.  He takes pride in obtaining a deep understanding of the medical nuances and economic implications of each case.  Andrew’s clients appreciate his calming, yet assertive approach and his appreciation for the disruption that a malpractice suit or professional licensing board complaint can introduce into a physician’s practice. 

Andrew also frequently serves the firm’s business and energy clients in commercial disputes involving a breach of contract, condemnation, disputes with vendors, and other complex commercial issues. Throughout his career, Andrew has represented boards of education, municipalities, state agencies, and other political subdivisions, having developed an expertise in claims filed under the West Virginia Governmental Tort Claims and Insurance Reform Act. Understanding the effect litigation can have on a client, Andrew advises on strategies to minimize exposure, attain favorable outcomes, and achieve other alternative dispute resolutions to avoid unnecessary litigation.  However, when litigation is necessary, Andrew has the experience needed to protect his client’s interests throughout the process.  With more than a decade of litigation experience, including numerous tried-to-verdict jury trials, Andrew is well positioned to represent his clients in high-risk matters.  

Andrew graduated Order of the Coif from the West Virginia University College of Law, where he served as an editor of the West Virginia Law Review for volumes 113 and 114.

Representative experience:

• Convinced plaintiff’s counsel to voluntarily dismiss a physician client after educating counsel on the medicine and the lack of merits of the claim.
• Secured early dismissal for healthcare provider based on claimant’s failures to follow the procedure of the MPLA, resulting in the claimant ultimately abandoning the claim altogether.
• Prevailed at motion to dismiss stage on behalf of healthcare provider client based on novel statute of limitations arguments.
• Obtained summary judgment on behalf of landowner/developer on breach of contract claim against commercial tenant.
• Routinely represents physicians and healthcare systems against claims under the Medical Professional Liability Act.
• Prevailed in Mason County trial on behalf of client on claims brought under the MPLA.
• Secured dismissal of claims for retaliatory discharge in contravention of public policy and disability discrimination under the West Virginia Human Rights Act.
• Obtained reversal at the Supreme Court of Appeals of West Virginia for automobile dealership in a breach of employment contract action.
• Secured dismissal with prejudice for timber owner in case involving gas line explosion.
• Represented a party to a complex franchise agreement in both District Court and before the Fourth Circuit.
• Secured dismissal for several political subdivision clients on the basis of immunities provided in the Governmental Tort Claims and Insurance Reform Act.
• Prevailed in arbitration proceeding on behalf of client on claims brought under the MPLA.
• Won summary judgment on all counts for a client in federal court after plaintiff had previously demanded $2 million to settle the matter.
• Prevailed in Kanawha County trial on claims brought under the MPLA.
• Represented timber owner, timber broker, and property manager in negligence action arising from workplace injury to a logger.
• Prevailed at each stage for fiduciary to prevent waste to an estate in lengthy dispute before the fiduciary commissioner and two circuit court judges.
• Has successfully argued motions to dismiss and motions for summary judgment in circuit courts throughout the state.
• Defended governmental entities as counsel in claims filed against political subdivisions under the West Virginia Governmental Tort Immunities Act and in representation of county boards of education.

Representative Cases:

• Beckley Health Partners, Ltd. v. Hoover, 875 S.E.2d 337 (W. Va. 2022) (Favorable ruling for client regarding scope of authority to enter into arbitration agreement).
• Fugate v. Frontier West Virginia Inc., 2017 WL 3065216 (S.D.W. Va. July 19, 2017) (dismissing multiple claims on the grounds of workers’ compensation immunity/exclusivity, res judicata, and failure to satisfy the at-will employment requirement necessary to sustain a retaliatory discharge claim).

• Kyser v. Edwards, No. 2:16-CV-05006, 2017 WL 924249 (S.D.W. Va. Feb. 9, 2017), report and recommendation adopted, No. 2:16-CV-05006, 2017 WL 891293 (S.D.W. Va. Mar. 6, 2017) (dismissing claims for breach of contract, abuse of process, and defamation).
• Douglas Holding Co. v. City of Princeton, No. CV 1:14-cv-14200, 2016 WL 6909120 (S.D.W. Va. Mar. 31, 2016) (granting summary judgment on breach of contract, retaliation, abuse of authority, tortious interference with contract, harassment, negligent infliction of emotional distress, and outrage claims).
• State ex rel. Thornhill v. King, 223 W. Va. 564, 759 S.E.2d 795 (2014) (dismissing claim for breach of employment contract on grounds of improper venue).

• Hope for Appalachia, Inc. – Board of Directors