Cassell v. Kirk

By Judge James H. Chamblin

This case is before the Court on the motions of the defendant, William Worley Kirk, and National Mutual Insurance Company, the underinsured carrier, to set aside the verdict of the jury returned on November 21, 1997, and to grant a new trial.

For the reasons that follow, the motions are panted.

Procedural History

This case arose out of a collision that occurred at approximately 1:00 a.m. on July 10,1993, at the intersection of Routes 28 and 667 in Fauquier County between a Mazda pickup truck driven by the plaintiff, Robert Kent Cassell, and a Toyota sedan driven by…