Linville v. Moss

WORKMAN, Chief Justice:

This is an appeal by Ellen Roxanna Lin-ville, as administratrix of the estate of her deceased husband Jack K. Linville, from a November 5, 1991, order of the Circuit Court of Kanawha County denying the Appellant’s motion to set aside the jury ver: diet and award a new trial on all issues, or, in the alternative, on the issue of damages. We affirm the decision of the jury regarding the allocation of fault, but we reverse and remand for a new trial on the issue of damages.

I

On September 5, 1988, at approximately 8:00 p.m., Michael Brown, a truck driver for Appellee Guest…