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WIMER v. HINKLE

No. 18258.

379 S.E.2d 383 (1989)

Patricia WIMER, Administratrix of the Estate of Timothy Wimer v. Stephen Clark HINKLE and Patsy Hinkle.

Supreme Court of Appeals of West Virginia.

March 13, 1989.

Attorney(s) appearing for the Case

Jerry D. Moore, Franklin, for Patricia Wimer.

George I. Sponaugle, II, Franklin, Oscar M. Bean, Bean & Bean, Moorefield, for Stephen & Patsy Hinkle.

MILLER, Justice:

The single issue raised on this appeal is whether the Deadman's Act, W.Va.Code, 57-3-1, should have barred testimony of a guest passenger in a truck which struck the automobile of the plaintiff's decedent.

The decedent, Timothy Wimer, was driving a 1980 Datsun automobile in a southerly direction on State Route 28 in Pendleton County. The defendant, Stephen Hinkle, was driving in the opposite direction. His pick-up truck struck the Wimer vehicle...

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