Legal Opinion · Dissent

Miller v. Jeffrey

West Virginia Supreme Court

Decided October 25, 2002No. 30254Published

1DissentDavis, C.J.

Randle Miller (hereinafter referred to as “Mi-. Miller”) received an adverse jury verdict on injuries he sustained from an automobile collision he claimed was caused by Randall Jeffrey (hereinafter referred to as “Mr. Jeffrey”).1 One of the issues presented by Mr. Miller was that the trial court improperly allowed the jury to consider evidence that he was not wearing a seatbelt at the time of the accident. The majority agreed with Mr. Miller and reversed the judgment. For the reasons set out below, I dissent.

A. The Jury Did Not Rely on the Seatbelt Evidence

Footnote six of the majority opinion…

2Cases cited5 opinions

  1. McDougal v. McCammonWest Virginia Supreme Court · 1995
  2. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  3. Torrence v. KusminskyWest Virginia Supreme Court · 1991
  4. Wright v. HanleyWest Virginia Supreme Court · 1989
  5. Brown v. CarvillWest Virginia Supreme Court · 1998

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