Legal Opinion

Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter

West Virginia Supreme Court

Decided November 17, 2016No. 15-0695Separate

1Opinion of the Court

FILED November 17, 2016 No. 15-0695 – Thomas Memorial Hospital v. Susan Nutter released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS WORKMAN, Justice, dissenting, joined by DAVIS, Justice. OF WEST VIRGINIA I cannot and will not agree to join an opinion which, in effect, arrogantly assumes the position that a select group of individuals, namely appellate judges, are better able to determine the credibility of witnesses and the facts of the case than are the group of average citizens who sat as jurors and actually watched the evidence unfold at trial. Although the jury system…

2Cases cited13 opinions

  1. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  2. State v. GuthrieWest Virginia Supreme Court · 1995
  3. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  4. Sanders v. Georgia-Pacific Corp.West Virginia Supreme Court · 1976
  5. Orr v. CrowderWest Virginia Supreme Court · 1984

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