Phillips v. Stear (Signed Opinion)Annotate this Case
Plaintiff, a commercial truck driver, alleged that Defendant carelessly engaged in an act of road rage that injured Plaintiff. The jury returned a verdict that Plaintiff had failed to prove by a preponderance of the evidence that Defendant negligently caused the accident. The circuit court entered judgment on the jury’s verdict. Plaintiff filed a motion to set aside the judgment entered on the jury’s verdict pursuant to W. Va. R. Civ. P. 60(b)(3), arguing that Defendant concealed prior traffic citations during discovery and misled the jury about prior citations in his testimony, and therefore, the verdict was unjust. The circuit court denied relief. The Supreme Court vacated the circuit court’s judgment order, holding that Defendant’s misrepresentation and misconduct in discovery prevented Plaintiff from fully and fairly preparing for and rebutting Defendant’s claims at trial, and therefore, the judgment was unfairly obtained. Remanded.