Gerald A. and Teresa L. Phillips v. Joshua D. Stear

Chief Justice, KETCHUM:

In this appeal from the Circuit Court of Lewis County, a plaintiff asserts that a defendant engaged in fraud, misrepresentations, or misconduct to obtain a favorable jury verdict. Specifically, the plaintiff contends the defendant concealed, or failed to reveal, evidence specifically asked for -in discovery, and then presented a defense at trial directly contrary to the undisclosed evidence. The plaintiff moved to set aside the judgment entered on the jury’s verdict under Rule 60(b)(3) of the West Virginia Rules of Civil Procedure.

The circuit court denied the plaintiffs…