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PINO v. SZUCH

No. 19775.

408 S.E.2d 55 (1991)

Brenda PINO, as Mother and Next Friend of Patrick S. Pino, an Infant Under the Age of 18 Years, Plaintiff Below, Appellant, v. Steve SZUCH, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1991.

Attorney(s) appearing for the Case

W.A. Thornhill, III, Beckley, for appellant.

Thomas S. Sweeney, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Charleston, for appellee.

MILLER, Chief Justice:

The plaintiff, Brenda Pino, as mother and next friend of Patrick S. Pino, an infant under the age of eighteen years, who was eight years of age at the time of the accident, appeals from a final order of the Circuit Court of Fayette County, dated April 9, 1990, denying her motion for a new trial. On appeal, the plaintiff contends that the jury was erroneously instructed about the rebuttable presumption...

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