Wheeling Park Commission v. Joseph and Kerry Dattoli

Benjamin, Justice:

Petitioner and defendant below, Wheeling Park Commission (the “Commission”), appeals the Circuit Court of Ohio County’s denial of .its motion for a judgment as a matter of law in a negligence action brought against the Commission by the respondents and plaintiffs below, Joseph Dattoli and Kerry Dattoli. The Commission also appeals the circuit court’s December 3, 2014, order that awarded the Dattolis a new trial limited to *278the issue of damages for Joseph Dattoli’s past pain and suffering. After considering the parties’ arguments, the applicable law, and the appendix in this…