Legal Opinion · Concurrence
Riggs v. West Virginia University Hospitals, Inc.
West Virginia Supreme Court
Decided January 3, 2008No. 33335Published
1ConcurrenceDavis, Chief Justice
(Filed Jan. 3, 2008)
I concur in the majority opinion’s determination that the doctrine of judicial estoppel *665precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA,1 and to respond to the flawed arguments of the dissents.
A. The Appellants Should Have Asserted Prior to Trial That Their Cause of Action Against WVUH Was Not Governed by the MPLA.
The majority opinion has meticulously pointed out the…
2Cases cited46 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
- In Re Edward B.West Virginia Supreme Court · 2001
- Dependahl v. Falstaff Brewing Corp.Court of Appeals for the Eighth Circuit · 1981
- Bryant v. Oakpointe Villa Nursing Centre, IncMichigan Supreme Court · 2004
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