[DOWNLOAD] "Tracy v. Cottrell" by West Virginia Supreme Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Tracy v. Cottrell
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 12, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
The appellant herein and plaintiff below, Linda J. Tracy (hereinafter "Tracy"), Administratrix of the Estate of Douglas B. Tracy (hereinafter "Douglas"), appeals the October 22, 1997, verdict of a Clay County jury, which returned a defense verdict for the appellee herein and defendant below, General Motors Corporation (hereinafter "GM"). Tracy further appeals the circuit courts subsequent order, entered June 11, 1998, which denied her motion to set aside the adverse jury verdict and refused to grant her a new trial. In her civil suit against GM, Tracy sought to recover for the wrongful death of her son, Douglas. Tracy contends Douglass death was the result of a defective seat belt restraint system found in the GM automobile in which he was riding as a passenger. In this appeal, Tracy has assigned as error: (1) the giving of certain defense jury instructions; (2) the submission to the jury of special Interrogatory Number 10; (3) the exclusion of the Mertz memorandum; (4) the refusal to designate a witness as an expert; and (5) the preclusion of certain rebuttal testimony. Upon a review of the parties arguments before this Court, the appellate record herein, and the pertinent authorities, we reverse the decision of the Circuit Court of Clay County.