Maynard v. Adkins

McHUGH, Justice:

This action is before this Court upon an appeal from the final order of the Circuit Court of Mingo County, West Virginia, entered on December 23, 1993, granting a new trial because of an alleged conflict of interest concerning one of the attorneys. For the reasons set forth below, this Court is of the opinion that the granting of a new trial was error, and, accordingly, the final order is reversed.

I

On May 18, 1985, an accident occurred on U.S. Route 52 in Mingo County, in which Kenneth Adkins, the appellee, drove a pickup truck off the highway in attempting to avoid a…