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HUNTER v. JOHNSON

No. 17198.

359 S.E.2d 611 (1987)

Wallace Lee HUNTER and Jean Hunter v. Daniel Lee JOHNSON.

Supreme Court of Appeals of West Virginia.

July 22, 1987.

Attorney(s) appearing for the Case

Charles M. Walker, Reed & Walker, Charleston, for appellants.

Charles E. Pettry, Jr., Goodwin, Pettry & Horter, Charleston, for appellee.

MILLER, Justice:

In this appeal from the Circuit Court of Kanawha County, we must determine whether an unavoidable accident instruction should be given in a negligence case. We conclude it should not.

Wallace Lee and Jean Hunter, husband and wife, brought suit for personal injuries and loss of consortium arising from a motor vehicle accident which occurred on July 17, 1980, at the intersection of 35th Street and MacCorkle Avenue in Charleston. At the location...

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