W.e. Pender & Sons, Inc., D/b/a Acklin Drilling, Appellant/cross-Appellee v. Burton Lee, Appellee/cross-Appellant

Summary

The court affirmed the circuit court's grant of a new trial because the circuit court acted within its discretion in treating the employee's changed recollection about the accident as newly discovered evidence rather than merely impeachment evidence. It also affirmed the exclusion of deposition testimony in which the employee stated that the accident was their fault, concluding that the statement mandated a legal conclusion and invaded the fact-finder's province. The court separately affirmed on the direct appeal and cross-appeal.