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BURGESS v. PORTERFIELD

No. 22956.

469 S.E.2d 114 (1996)

196 W.Va. 178

Billie BURGESS, Plaintiff Below, Appellee, v. Mark PORTERFIELD, Defendant Below, Appellee. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff Below, Appellant, v. SUPERAMERICA GROUP, INC., d.b.a. SuperAmerica Corporation, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Joanna I. Tabit, Mark E. Kinley, Steptoe & Johnson, Charleston, for Mark Porterfield & State Farm Mutual Automobile Insurance Company.

David L. Wyant, Shaun L. Peck, Shuman, Annand & Poe, Charleston, for Billie Burgess.

McHUGH, Chief Justice:

State Farm Mutual Insurance Company, appearing on behalf of and in the name of defendant Mark Porterfield,1 appeals a November 2, 1994 order in which the Circuit Court of Kanawha County directed that the amount of the pretrial settlement received by plaintiff Billie Burgess be credited to the compensatory damage award but not to the punitive damages awarded against defendant Porterfield. State Farm also appeals a...

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