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RAINES v. LINDSEY

No. 20844.

423 S.E.2d 376 (1992)

188 W.Va. 137

Gretchen Dascoli RAINES and Joney W. Russell, Plaintiffs Below, Appellees, v. Gina Kay LINDSEY and Karen Sue Lindsey, Defendants/Third-Party Plaintiffs Below, Appellants, v. Carson L. STIDOM, Third-Party Defendant Below, Appellee. and Carson L. STIDOM, Plaintiff Below, Appellee, v. Gina Kay LINDSEY and Karen Sue Lindsey, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided October 22, 1992.

Attorney(s) appearing for the Case

William D. Levine, St. Clair & Levine, Huntington, for appellee Gretchen Dascoli Raines.

James A. Colburn, Baer, Colburn & Morris, L.C., Huntington, for appellee Joney W. Russell.

R. Gregory McNeer, Laura L. Gray, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, William L. Mundy, Mundy & Adkins, Huntington, for appellants Gina Kay Lindsey and Karen Sue Lindsey.

Joseph M. Farrell, Jr., Hunt, Lees, Farrell & Kessler, Huntington, for appellee Carson L. Stidom.

NEELY, Justice:

This case presents one simple issue: Did the trial court err by refusing to give a defendant's instruction on comparative contributory negligence? We find that there was sufficient evidence of contributory negligence to warrant such an instruction, and because the defendants' entire theory of the case was contributory negligence, we reverse.

This case arose out of a one-car automobile accident that occurred early on a Sunday morning in March...

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