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[Download] "Lewandowski v. Preferred Risk Mutual" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

Lewandowski v. Preferred Risk Mutual

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eBook details

  • Title: Lewandowski v. Preferred Risk Mutual
  • Author : Supreme Court of Appeals of West Virginia
  • Release Date : January 29, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

This is an action to recover damages resulting from an automobile accident on May 14, 1962. The plaintiff Joseph Lewandowski was driving his Pontiac east on Third street in the city of Ashland and as he was turning left onto Eighth avenue, his car was struck on the left side by a car driven by the defendant David L. Stephenson, who was also traveling east on Third street and was passing the plaintiff. As a result, plaintiff received injuries and brought this action against Stephenson and his insurer Preferred Risk Mutual Insurance Company. The case was tried to a jury which found both parties causally negligent, and apportioned the negligence 20 percent to the plaintiff and 80 percent to Stephenson. Plaintiffs damages for personal injuries were determined at $32,500. Upon motions after verdict, the trial court reduced this item of damages because of excessiveness to $20,000 and granted a new trial on the issue of damages with the plaintiff having an option of accepting the reduced amount and remitting the excess. Plaintiff elected to accept the reduced amount of the verdict and judgment was accordingly entered, from which the defendants appeal and the plaintiff seeks a review.


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