Tennant v. Marion Health Care Foundation, Inc
In Tennant v. Marion Health Care Foundation, Inc., 194 W. Va. 97, 459 S.E.2d 374 (1995), the Court addressed the issue of the standard of review of a trial court's ruling on a motion for new trial.
The Court stated:
"We review the rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review." (Tennant, 194 W. Va. at 104, 459 S.E.2d at 381.)
As to the standard of review on the issue of jury instructions, the Court has held that:
The formulation of jury instructions is within the broad discretion of a circuit court, and a circuit court's giving of an instruction is reviewed under an abuse of discretion standard. A verdict should not be disturbed based on the formulation of the language of the jury instructions so long as the instructions given as a whole are accurate and fair to both parties. (Syl. pt. 6, Tennant