Elrick v. Brown

This is an appeal by Raymond P. Elriek and Sharon A. Elriek, his wife, from an order of the Circuit Court of Randolph County denying them a new trial in a personal injury action.1 In the action, a jury had found both the appellants and the appellee 50% negligent for a vehicle accident which occurred on November 2,1993. As a consequence, under West Virginia’s comparative negligence rule, the appellants received no recovery. On appeal, the appellants claim that the trial court erred in instructing the jury and that jury’s verdict was against the weight of the evidence. They also claim that the…