Pickett v. Taylor

MILLER, Justice:

We consider in this appeal the propriety of a circuit court order consolidating two cases under Rule 42(a) of the West Virginia Rules of Civil Procedure (W.Va.R.C.P.), which arose out of a motor vehicle accident. That order consolidated for trial purposes (1) a suit for wrongful death resulting from the accident, and (2) a suit for battery involving an altercation immediately after the accident. Error is also assigned with regard to certain instructions. We conclude that the court abused its dis cretion in ordering a consolidation and that instructional error was committed.…