Fluharty v. Wimbush

Charles E. and Juanita M. Fluharty, husband and wife, and their daughter Charlene sued defendant appellees for negligently operating a tractor-trailer truck causing a collision on U.S. Route 35 near Winfield, Putnam County, West Virginia. Both defendants denied the allegations and counterclaimed, contending that the negligence of Charlene Fluharty, who was driving the family car when the collision occurred, was the sole proximate cause of the accident.

At the conclusion of the evidence, the jury returned a verdict finding defendant Wimbush, the driver of the tractor-trailer, only 15% negligent…