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SMITH v. PERRY

No. 17127.

359 S.E.2d 624 (1987)

Howard R. SMITH and Velva Smith v. Fred A. PERRY and National Waterproofing, Inc.

Supreme Court of Appeals of West Virginia.

July 23, 1987.

Attorney(s) appearing for the Case

Lawrence W. Burdette, Jr., Charleston, for appellant.

Anita R. Casey, Meyer, Darragh, Buckler, Bebenek & Eck, Charleston, for appellee.

PER CURIAM:

The plaintiffs, Howard R. and Velva Smith, appeal from an order of the Circuit Court of Kanawha County entered July 3, 1985, which set aside the jury's award of punitive damages in their automobile accident case. They assign as error the trial court's finding that there was insufficient evidence to warrant an award of punitive damages.

Early in the morning on February 19, 1983, on a secondary road in...

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