John N. Kenney v. Samuel C. Liston

Justice KETCHUM:

In this appeal from the Circuit Court of Monongalia County, we are asked to examine a jury’s award of compensatory and punitive damages in a car wreck caused by a drunk driver. The driver — the defendant — caused serious injuries to the plaintiff.

The defendant’s appeal challenges the collateral source rule. The defendant’s appeal also asserts that the circuit court erred in allowing certain evidence at trial and in giving a limiting instruction pertaining to the defendant’s assets in the punitive damage phase of the trial.

After careful consideration of the record, oral…