Thornton v. Charleston Area Medical Center

Haden, Chief Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County, West Virginia, affirming as plainly right the final judgment of the Common Pleas Court of that county, sustaining the motion of Charleston Area Medical Center, Inc. and Harold B. Sunday, M.D. and Jack Pushkin, M.D. for summary judgment.

In rendering judgment, the trial court ruled as a matter of law that an injured person’s unqualified release of an original tort-feasor from liability for personal injuries made after receiving medical care for such injuries, prevents a further recovery by the…