Morgan v. Grace Hospital, Inc.
West Virginia Supreme Court
1DissentHaymond, Judge
As in my considered judgment the decision of the majority of the Court in this case is clearly erroneous in that it misconstrues the applicable statute of limitations, practically defeats its purpose to put an end to litigation within a definite period of time by removing that limit at the instance of a plaintiff who manifestly failed to act with any proper degree of due diligence, invades the province of the Legislature, utterly fails to consider or recognize the valid distinction between underground encroachment cases and malpractice cases, and manifests little or no regard for the…
2Cases cited37 opinions
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Thompson v. Whitaker Iron Co.West Virginia Supreme Court · 1895
- Webb v. RitterWest Virginia Supreme Court · 1906
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