Kinney v. Butcher

OPINION

MINTON, Judge.

Sherri Kinney appeals following a judgment entered on a jury’s verdict awarding her $2,500.00 in pain and suffering damages following an auto accident for which Barry Butcher conceded liability. Kinney argues that the circuit court erred in not instructing the jury on punitive damages and not granting a new trial following alleged misconduct by Butcher’s counsel during closing argument.

On March 23, 2000, Butcher was traveling home on a two-lane road when he attempted to pass a slow moving van. The van accelerated as Butcher was attempting to pass, which prevented him from…