SEYMOUR v. PENDLETON COMMUNITY CARE

No. 28461.

549 S.E.2d 662 (2001)

209 W.Va. 468

Barbara L. SEYMOUR, Plaintiff Below, Appellant, v. PENDLETON COMMUNITY CARE and Michael Judy, Defendants Below, Appellees

Supreme Court of Appeals of West Virginia.

Decided February 23, 2001.

Concurring and Dissenting Opinion of Justice Davis July 6, 2001.

Dissenting Opinion of Justice Maynard July 6, 2001.

Concurring Opinion of Justice Starcher July 11, 2001.


Attorney(s) appearing for the Case

Harley O. Staggers, Jr., Esq., Andrea J. Bucklew, Esq., Staggers & Staggers, Keyser, West Virginia, Attorneys for Appellant.

Ancil G. Ramey, Esq., Christopher L. Slaughter, Esq., Thomas S. Kleeh, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for Appellees.


PER CURIAM.

The Circuit Court of Pendleton County, in this retaliatory discharge action, reduced a jury verdict in favor of the appellant, Barbara L. Seymour, from $526,000 to $172,235.92. In reducing the verdict, the circuit court concluded that the evidence failed to show that the appellant had properly attempted to mitigate her damages and that the absence of mitigation justified reduction of the jury's verdict. On appeal, Barbara L. Seymour claims that the trial...

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