Proudfoot v. Dan's Marine Service, Inc.

Dan’s Marine Service, Inc., the appellant and defendant below, appeals the July 27, 2000 order of the Circuit Court of Taylor County in which the circuit court denied the appellant’s motion for a new trial. After reviewing the issue raised by the appellant, we reverse and remand.

I

FACTS

On August 16, 1996, Laurel Proudfoot, the plaintiff below and appellee, was injured when she fell through the floating dock at the marina at Tygart Lake in Taylor County, West Virginia. The marina was operated by Dan’s Marine Service, Inc., the defendant below and appellant.

Ms. Proudfoot subsequently filed a…