Legal Opinion

Arthur v. Department of Health

West Virginia Court of Claims

Decided April 3, 1978No. CC-76-56PublishedCited by 3 opinions

1Opinion of the Court

RULEY, JUDGE:

The claimant seeks damages in the sum of $115,000.00 for the alleged wrongful death of Cecil C. Brumfield which occurred on August 6, 1975. On June 16, 1975, Mr. Brumfield, then aged 77 years, was admitted as a patient to Huntington State Hospital. He had been a patient there on one previous occasion, in 1967. Without going into needlessly embarrassing detail, the evidence demonstrated clearly that his condition both mental and physical, from the time of his admission until his demise, was poor. At about 1:30 a.m. on June 22, 1975, he provoked an altercation with another patient…

2Cited by3 opinions

  1. Commercial Union Insurance v. Department of HighwaysWest Virginia Court of Claims · 1986
  2. Adkins v. Department of HighwaysWest Virginia Court of Claims · 1987
  3. Eary v. Department of HighwaysWest Virginia Court of Claims · 1980

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