Lamphere v. Consolidated Rail Corporation

In Lamphere v. Consolidated Rail Corporation, 210 W.Va. 303, 306, 557 S.E.2d 357, 360 (2001), a railroad worker sought recovery under the Federal Employers' Liability Act for malignant mesothelioma allegedly caused by asbestos exposure. The jury returned a verdict in favor of the railroad. Concluding, however, that the verdict was against the clear weight of the evidence, the trial court granted a new trial. In affirming the trial court's ruling, the Court, in Lamphere, noted that an appellate court is more disposed to affirm the action of a trial court in granting a new trial "than when such action results in a final judgment denying a new trial." 210 W.Va. at 306, 557 S.E.2d at 360.