Trent v. Cook

WORKMAN, Justice:

This case is before the Court 1 upon the appeal 2 of Continental Casualty Company 3 from the March 8, 1995, final order of the Circuit Court of Wyoming County, denying Appellant’s post-trial motions to set aside a jury verdict finding Appellee Stevie Ray Trent forty percent negligent and the tort-feasor, Tammy L. Cook, sixty percent negligent. 4 Appellant argues that the trial court erred in denying its post-trial motion to set aside the jury verdict because: 1) Appellee was not “occupying” the insured vehicle at the time of the accident and is not an “insured” under the…