Clements v. Stephens

Haden, Chief Justice:

This is an appeal from the final order of the Circuit Court of Kanawha County affirming, as “plainly right”, the judgment of the Common Pleas Court of that county which had previously overruled plaintiff’s motion for a new trial and confirmed a judgment entered upon a jury verdict exonerating the defendant automobile operator from liability in this civil action for wrongful death.

The cause of action arose from a single car accident occurrence on the West Virginia Turnpike of May 25, 1963. At the time and place of the accident, John Dillon Frudd, the plaintiff’s decedent,…