Addair v. Bryant – Case Brief Summary (West Virginia)

In Addair v. Bryant, 168 W. Va. 306, 314, 284 S.E.2d 374, 380 (1981), the defendants' argument, with regard to the excessiveness of the $ 40,000 verdict, rested on the fact that the victim's wife had remarried during the six-year interval between the time of the accident and the date of the trial.

In that case, to avoid any inference that the surviving spouse had or would financially benefit from remarriage, the circuit court declined to permit the introduction of evidence of her remarriage to mitigate her claim for pecuniary loss resulting from the death of her husband. 168 W. Va. at 313, 284 S.E.2d at 380.