No. 13679.

230 S.E.2d 738 (1976)

Leauren L. BATES v. Kennie L. SIRK d/b/a Sirk's Super Speedway.

Supreme Court of Appeals of West Virginia.

December 14, 1976.

Attorney(s) appearing for the Case

John S. Sibray, Charleston, Roger J. Morgan, Clarksburg, for appellant.

Jones, Williams, West & Jones, James C. West, Jr., Clarksburg, for appellee.

CAPLAN, Justice:

In this civil action instituted in the Circuit Court of Harrison County, the plaintiff, Leauren L. Bates, sought recovery from the defendant, Kennie L. Sirk, for injuries he allegedly received as a result of the defendant's negligence. Upon trial of this matter the jury returned a verdict in favor of the plaintiff in the sum of $50,000.00. Thereafter, the defendant moved the court to set aside the verdict and award him a new trial. That motion was...


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