Legal Opinion

Adkins v. Whitten

West Virginia Supreme Court

Decided November 19, 1982No. 15530PublishedCited by 23 opinions

1Opinion of the Court

MILLER, Chief Justice:

In this appeal of a personal injury case from the Circuit Court of Fayette County, we are asked to determine if it is reversible error for the trial court to instruct the jury as to the effect of its percentage finding of comparative negligence on the plaintiff-ap-pellee’s damage award. We hold that it is not and affirm the lower court’s judgment.

In this case the jury found that the plaintiff sustained damages resulting from the accident in the amount of $100,000. The plaintiff was found to be 15 percent negligent under our comparative negligence law as summarized in…

2Cases cited27 opinions

  1. Hoffman v. JonesSupreme Court of Florida · 1973
  2. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  3. Addair v. BryantWest Virginia Supreme Court · 1981
  4. Grasso v. Cannon Ball Motor Freight LinesTexas Supreme Court · 1935
  5. Wing v. MorseSupreme Judicial Court of Maine · 1973

22 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Kaeo v. DavisHawaii Supreme Court · 1986
  2. McAllister v. Weirton Hospital Co.West Virginia Supreme Court · 1983
  3. King v. Kayak Manufacturing Corp.West Virginia Supreme Court · 1989
  4. Lacy v. CSX Transportation, Inc.West Virginia Supreme Court · 1999
  5. Riggle v. Allied Chemical Corp.West Virginia Supreme Court · 1989

18 more not listed; retrieve them via the Exa API.

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