Attorney, Fitzsimmons Law Firm
Photo by Rebecca Kiger.
By Samantha Cart
“The legal profession allows you to teach yourself about any and all aspects of life. It preserves and protects the quality of life among all humans and is literally the greatest profession in the world.”
When Bob Fitzsimmons was growing up, he dreamed of becoming a U.S. president. While he eventually took a different path, his passion for the practice of law demonstrates the same characteristics as someone who dreamed of one day leading their country: compassion, advocacy, dedication and justice. These traits have been evident in the many cases he has litigated over the last 40 years.
“Lawyers and our judiciary have taught me to be an advocate and protectorate of all other humans,” says Fitzsimmons. “The lessons I have learned from other members of the legal profession have helped me become a better person and gave me the tools and gifts to help others.”
The son of a pipefitter, Fitzsimmons grew up in Warwood, WV, with five siblings. In 1978, he graduated from the University of Baltimore School of Law with highest honors and was inducted into the Heusler Honor Society.
Fitzsimmons opened Fitzsimmons Law Firm as a sole practitioner in his hometown immediately after graduation and has worked there ever since. Owning his own firm has given him the chance to build a close-knit team of friends and family.
“After 25 years as a sole practitioner, my two sons and one of their best friends became attorneys and joined the firm,” he says. “Also, my nephew and two of my closest friends decided on career changes and joined the firm. We recently hired a wonderful West Virginia University (WVU) College of Law graduate, and we are now eight attorneys deep. It is much different practicing law with multiple attorneys, but it also provides me with ideas and strategies from some great minds. Being able to work with your family and friends is the best.”
Fitzsimmons has tried more than 100 trials and achieved more than 150 verdicts and settlements in excess of $1 million. He credits his success to his determination, dedication and hard work.
During the course of his career, he has worked on multiple high-profile cases. In 1996, Fitzsimmons was hired to represent Michael Webster, four-time Super Bowl winner and Pro Hall of Fame football player. Through a series of legal proceedings, Fitzsimmons was able to prove that playing football was a cause of major head injuries that led to chronic traumatic encephalopathy (CTE), symptoms of which include dementia, delusions and paranoia, for the athlete. This was the first court case that found repetitive trauma from football could cause permanent brain damage. While Webster unfortunately passed away in 2012 at the age of 50, this legal precedent and its aftermath helped create changes in the sport, making it safer for players of all ages.
One of the most impactful cases Fitzsimmons has handled was the Steubenville High School rape case in 2013.
“The case involved the conviction of two high school students for sexually assaulting a young unconscious female student,” he recalls. “I feel we were able to send a strong message to our youth and parents about the significant damages caused by taking advantage of an unconscious and helpless young girl. We were able to remind our fathers, sons, brothers and nephews to always be respectful of women.”
In 2011, Fitzsimmons was appointed to a panel to help mediate the claims of the 29 miners killed in the Upper Big Branch Mine disaster.
“I was selected by the litigants and judge in Boone County to serve on a three-person mediation panel,” he recalls. “We successfully settled the 29 death cases and 65 personal injury cases to the satisfaction of all. This was a terrible tragedy not only for Boone County but for the world. No amount of money could ever replace a life or one’s health. Nonetheless, from a financial standpoint, we were able to make these families’ lives better.”
His extensive and diverse work history has significantly enhanced his outside interests. Alongside Dr. Julian Bailes, Dr. Bennet Omalu and Dr. Jennifer Hammers, Fitzsimmons founded the Brain Injury Research Institute (BIRI) located at NorthShore University Hospitals in Chicago, IL, where he currently serves as a co-director. BIRI studies and examines the effects of head trauma and concussions.
The institute has autopsied the brains of more than 50 individuals since 2005, including many former athletes, and has played an instrumental role in encouraging contact sports associations worldwide to properly diagnose, manage and treat concussions through rule changes.
In 2020, the Fitzsimmons Foundation—established by Fitzsimmons; his wife, Sunni; sons, Rocky and Clayton; and daughter, Kayleen—announced a gift of $1.25 million to establish the Fitzsimmons Center for Litigation and Advocacy at the WVU College of Law. The center will provide opportunities for students to enhance and grow their skill sets in litigation and written and oral advocacy. Fitzsimmons is particularly proud of this project because it was the brainchild of his three children.
“They run the Fitzsimmons Foundation, a charitable foundation to help make life better for the citizens of West Virginia,” he says. “I am a huge fan of West Virginia University, and I am very proud of the accomplishments of our college of law. The center will provide additional opportunities to give our law students the tools to remain superior attorneys both in the state and nationally and gain specialized expertise in the fields of litigation and advocacy.”
Fitzsimmons’ career has been characterized by service not only to his clients but to the legal profession. He has served on the board of governors of the West Virginia State Bar and as a member of the West Virginia State Bar Lawyer Disciplinary Board Investigative Panel and fulfilled an appointment by the West Virginia Supreme Court to committees that revised the state’s rules of civil procedure, professional conduct and evidence. He most recently served as a member of the Judicial Investigation Commission.
Fitzsimmons enjoys doing the work he loves in his home state of West Virginia and can’t imagine living anywhere else.
“I believe West Virginia has some of the greatest attorneys I have ever met in my 42 years of practicing law,” he says. “The legal profession is the greatest of all, and I have tried to continuously promote that fact and encourage my brothers and sisters of the bar to continue doing their great work. I believe lawyers provide the greatest influence, logic and reason to lead each of our communities to do the right things. Our world will continue to face significant legal issues and challenges, and we need to have the best-trained legal minds to guide us to the proper answers, which oftentimes are not easy.”
