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BRESSLER v. MULL'S GROCERY MART

No. 22343.

461 S.E.2d 124 (1995)

194 W.Va. 618

Sandra BRESSLER, Plaintiff Below, Appellee, v. MULL'S GROCERY MART, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1995.

Attorney(s) appearing for the Case

James F. Companion, James P. Mazzone, Schrader, Recht, Byrd, Companion & Gurley, Wheeling, for appellee.

Rhonda L. Wade, Elizabeth A. Abraham, Bachmann, Hess, Bachmann & Garden, Wheeling, for appellant.

WORKMAN, Justice:

Appellant Mull's Grocery Mart seeks reversal of the December 8, 1993, order of the Circuit Court of Ohio County granting Appellee Sandra Bressler's motion for additur. Since West Virginia permits additur only when it can be definitively established that the jury made a mistake and because this case lacks such evidence, the circuit court erred in making an additur award in this case. Accordingly, we reverse the decision of the lower court and remand...

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