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KODYM v. FRAZIER

No. 19922.

412 S.E.2d 219 (1991)

Ruth M. KODYM (Now Stark), Plaintiff Below, Appellant, v. Carole FRAZIER, Elaine Frazier, Maxine Russell, and Paula Russell Mullen, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1991.

Attorney(s) appearing for the Case

Frank M. Armada, Hurricane, for appellant.

Herschel H. Rose, III, Steptoe & Johnson, Charleston, for appellee Carole Elaine Frazier.

Randall L. Trautwein, Levy & Trautwein, L.C., Huntington, for appellees Maxine Russell and Paula Russell Mullen.

MILLER, Chief Justice:

This appeal by the plaintiff, Ruth M. Kodym (now Stark), from an adverse jury verdict centers on what is claimed to be an instructional error by the trial court. It gave a defense instruction which in effect stated that if the jury was uncertain as to whether the plaintiff's damages were caused by the defendants or believed that it was as probable that the plaintiff's injuries were caused by nonparties...

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