Setser v. Browning (dissenting)
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No. 31342 Kedron Setser v. Neil Browning FILED McGraw, J., dissenting: December 10, 2003 RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent from the majority s decision in this case because I believe the trial judge improperly resolved genuine issues of material fact regarding Appellee s use of alcohol prior to the accident and the jeep s previous history of stalling-out. The parties presented conflicting evidence on these issues. The trial judge should not have taken the liberty of weighing the evidence presented or to otherwise encroach upon the all-important function of the jury as fact-finder. For the reasons stated, I respectfully dissent.
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