Mayles v. Shoney's, Inc.

*89WORKMAN, Justice:

This case is before the Court upon the appeal of Shoney’s, Inc. d/b/a Captain D’s from a February 2, 1989, final order of the Circuit Court of Kanawha County, West Virginia, in which the lower court entered judgment on a jury verdict awarding $220,-000.00 to the appellee, Timothy Mayles, as a result of a Mandolidis1-type personal injury case brought under W.Va.Code § 23-4-2 (1983). The appellant alleges that the following errors were committed by lower court:

1) the trial court allowed the jury to decide a case which did not satisfy the mandatory five-factor test set forth in…