McAllister v. Weirton Hospital Co.

McGRAW, Chief Justice:

This appeal from the Circuit Court of Hancock County is brought by Phillip McAllister and his mother and next friend, Helen McAllister, the plaintiffs below, after a jury verdict in favor of the defendants, the Weirton Hospital Company and Dr. Leonard E. Yurko. The appellants allege that the trial court erred in giving certain erroneous instructions; in failing to give one of their own proposed instructions; and in not directing a verdict as to the issue of the defendants’ negligence.

On July 3, 1976, at approximately 9:45 p.m., Phillip McAllister, then fifteen years old,…