Wheeler v. Murphy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Evidence of insurance is admissible when offered on rebuttal as a financial asset and not offered for purpose of determining liability. Such evidence should be considered by the jury as a relevant financial asset in awarding punitive damages.
• “ ‘ “An erroneous instruction is presumed to be prejudicial and warrants a new trial unless it appears that the complaining party was not prejudiced by such instruction.” [Citations omitted.]’ Syllabus Point 6, Ratlief v. Yokum, 167 W.Va. 779, 280 S.E.2d 584 (1981).”
• “ ‘ “An erroneous instruction is presumed to be prejudicial and warrants a new trial unless it appears that the complaining party was not prejudiced by such instruction.” [Citations omitted.]’ Syllabus Point 6, Ratlief v. Yokum, 167 W.Va. 779, 280 S.E.2d 584 (1981).”

Source: CourtListener parenthetical corpus (CC0).