Legal Opinion
Wimer v. Hinkle
West Virginia Supreme Court
Decided March 13, 1989No. 18258PublishedCited by 71 opinions
1Opinion of the Court
MILLER, Justice:
The single issue raised on this appeal is whether the Deadman’s Act, W.Va.Code, 57-3-1, should have barred testimony of a guest passenger in a truck which struck the automobile of the plaintiff’s decedent.
The decedent, Timothy Wimer, was driving a 1980 Datsun automobile in a southerly direction on State Route 28 in Pendleton County. The defendant, Stephen Hinkle, was driving in the opposite direction. His pick-up truck struck the Wimer vehicle, killing Timothy Wimer. At trial, the plaintiff introduced evidence to show that the Hinkle truck had crossed into the Wimer lane of…
2Cases cited42 opinions
- Luce v. United StatesSupreme Court of the United States · 1984
- H. E. Collins and Joetta Collins, Surviving Parents and Personal Representatives of Karen Collins, Deceased v. Wayne CorporationCourt of Appeals for the Fifth Circuit · 1980
- American Home Assurance Company v. Sunshine Supermarket, Inc.Court of Appeals for the Third Circuit · 1985
- State v. KellyWashington Supreme Court · 1984
- Harley-Davidson Motor Co. v. DanielSupreme Court of Georgia · 1979
37 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- State v. McGinnisWest Virginia Supreme Court · 1994
- State v. DerrWest Virginia Supreme Court · 1994
- State v. BradshawWest Virginia Supreme Court · 1995
- State v. FarleyWest Virginia Supreme Court · 1994
- State v. JuntillaWest Virginia Supreme Court · 2011
66 more not listed; retrieve them via the Exa API.