Church v. Wesson

This is an appeal by Gerald Phillip Church from a final order of the Circuit Court of Raleigh County denying his motion for a new trial. The appellant argues that the trial court erred in directing a verdict in his products liability action on strict liability in tort for design defect and failure to warn. Upon a review of the record, we find that the appellant failed to establish a prima facie right of recovery on these issues; thus, we affirm the decision of the trial court.

On July 14, 1982, the appellant, while employed as an underground coal miner for Beckley Coal Mining Company,…