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HUDNALL v. MATE CREEK TRUCKING, INC.

No. 23885.

490 S.E.2d 56 (1997)

200 W.Va. 454

Erna K. HUDNALL, Administratrix of the Estate of Gary A. Hudnall, Plaintiff Below, Appellant, v. MATE CREEK TRUCKING, INC., a West Virginia Corporation, and Catenary Coal Company, a Delaware Corporation doing business in the State of West Virginia, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 7, 1997.

Attorney(s) appearing for the Case

James R. Cagle, Nicholas W. Johnson, Charleston, for the Appellant.

Daniel R. Schuda, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Catenary Coal Company.

PER CURIAM:

Appellant Erna Hudnall, as administratrix of her husband's estate raises the limited issue of whether the Circuit Court of Kanawha County erred in refusing to give a "value of a chance" jury instruction in a trucking accident case that resulted in a partial defense verdict. Under the facts of this case, we do not find the lower court's rejection of the Appellant's instruction to have been error. The lower court's decision is affirmed.

Appellant...

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