Legal Opinion · Dissent

Lacy v. CSX Transportation, Inc.

West Virginia Supreme Court

Decided July 12, 1999No. 25341Published

1DissentWorkman, Justice

(Filed July 12, 1999)

I must respectfully dissent with the majority’s conclusion that reversible error was committed, first by the trial court’s ruling on the admissibility of a statement contained in a railroad investigative report, and second, by counsel for CSX during closing argument in addressing the effect of joint and several liability.

The most serious and significant error in the majority’s opinion is its groundless determination that the trial court erred in making an evidentiary ruling concerning the admission of a portion of a document. Before proceeding to discuss the substantive…

2Cases cited22 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. United States v. Carlos SaundersCourt of Appeals for the Fourth Circuit · 1989
  3. McDougal v. McCammonWest Virginia Supreme Court · 1995
  4. Gentry v. MangumWest Virginia Supreme Court · 1995
  5. United States v. Myron LiebermanCourt of Appeals for the Second Circuit · 1980

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