Linville v. Moss
In Linville v. Moss, 189 W. Va. 570, 433 S.E.2d 281 (1993), the decedent was attempting to assist the driver of a tractor trailer to back his truck onto the highway when the decedent was struck and killed by another automobile.
The decedent was a forty-one-year-old unemployed male who had assumed most of the responsibilities of the household and the care of his twelve-year-old stepson. Testimony at trial revealed $ 3,719 in funeral expenses and an estimated value of replacement services of $ 240,180.
The jury returned a verdict of $ 4000 for reasonable funeral expenses, assessing forty-nine percent negligence to the decedent, twenty-six percent negligence to the driver of the automobile that struck the decedent, and twenty-five percent negligence to the company that owned the tractor trailer.
The jury awarded nothing to decedent's wife and son for loss of services, sorrow, mental anguish, or companionship.
The circuit court denied the appellant's motion to set aside the verdict and to award a new trial on all issues or simply on the issue of damages.
The Court found that the damages were inadequate and remanded the matter for a new trial solely on the issue of damages.