Leftwich v. Wesco Corp.

I dissent. Upon the sole ground that the jury was “improperly apprised” of the fact that the defendant was protected by indemnity insurance was the judgment of the Circuit Court of Kanawha County reversed.

It is obvious from the testimony of the only two medical witnesses who testified in this case, Drs. Anderson and Kuhn, both eminent orthopedic surgeons of the City of Charleston, that the verdict of the jury was not excessive. The evidence is uncontroverted as to liability. The plaintiff travelling toward his home on a highway slick with ice and snow, and, using chains, was proceeding at a…