Elaine Neidig v. Valley Health System (Justice Walker, concurring)

FILED 24-27, Neidig v. Valley Health, Inc. June 10, 2025 Walker, Justice, concurring: released at 3:00 p.m. C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I concur in the majority’s analysis and write separately to emphasize that the clear statutory language necessitates the conclusion that for the Act to apply, damages “resulting from death or injury of a person” must be shown whether a plaintiff seeks to impose liability in “tort or breach of contract,” despite the Legislature’s use of the disjunctive “or.” As noted by the majority, courts have recognized that…