PHILLIPS v. STEAR

No. 15-0011.

783 S.E.2d 567 (2016)

Gerald A. PHILLIPS and Teresa L. Phillips, Petitioners, v. Joshua D. STEAR, a resident of West Virginia, and State Farm Mutual Automobile Insurance Company, a foreign company, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 2, 2016.


Attorney(s) appearing for the Case

C. Paul Estep, Esq. , Estep & Shaffer, L.C., Kingwood, WV, for the Petitioners.

G. Thomas Smith, Esq. , Afton L. Aman, Esq. , Smith, McMunn & Glover, PLLC, Clarksburg, WV, for the Respondents.


In this appeal from the Circuit Court of Lewis County, a plaintiff asserts that a defendant engaged in fraud, misrepresentations, or misconduct to obtain a favorable jury verdict. Specifically, the plaintiff contends the defendant concealed, or failed to reveal, evidence specifically asked for in discovery, and then presented...

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