Summers v. Martin

This is a wrongful death action. The appeal was taken by the appellant/defendant below, HKD Enterprises, Inc., dba Rugby’s Bistro, from an order of the. Circuit Court of Monongalia County granting a new trial to the appellee/plaintiff below, Herbert W. Summers, Jr., administrator of the estate of decedent Shawn Patrick Haney.1 A verdict was returned by the jury in this case in favor of the defendant. However, the circuit court granted the plaintiffs post-trial motion for a new trial, on the basis that the verdict was against the weight of the evidence. Defendant contends on appeal that the…