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KENNEY v. LISTON

No. 13-0427.

760 S.E.2d 434 (2014)

John N. KENNEY, Defendant Below, Petitioner v. Samuel C. LISTON, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 4, 2014.

Concurring Opinion of Justice Benjamin July 18, 2014.

Attorney(s) appearing for the Case

Tiffany R. Durst, Esq. , Nathaniel D. Griffith, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgantown, WV, for Petitioner.

J. Bryan Edwards, Esq. , Paul R. Cranston, Esq. , Cranston & Edwards, PLLC, Morgantown, WV, for Respondent.

James G. Bordas, Esq. , Scott S. Blass, Esq. , Bordas & Bordas, PLLC, Wheeling, WV, Chad S. Lovejoy, Esq. , Duffield, Lovejoy, Stemple & Boggs, PLLC, Huntington, WV, for Amicus Curiae West Virginia Association for Justice.

Justice KETCHUM:

In this appeal from the Circuit Court of Monongalia County, we are asked to examine a jury's award of compensatory and punitive damages in a car wreck caused by a drunk driver. The driver — the defendant — caused serious injuries to the plaintiff.

The defendant's appeal challenges the collateral source rule. The defendant's appeal also asserts that the circuit court erred in allowing certain evidence at trial and in giving a...

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