Reversing $2M Wrongful Death Judgment, Court Finds Speedway Had No Duty to Prevent Employee From Driving Post-Shift
“The evidence at trial, when viewed in the light most favorable to respondent, failed to demonstrate that Speedway engaged in affirmative conduct that created an unreasonable risk of harm to the motoring public, including Mr. Jarrett,” West Virginia Supreme Court Justice John A. Hutchison wrote on behalf of the unanimous court. “Therefore, Speedway had no duty to exercise reasonable care by preventing Ms. Liggett from driving.”