Legal Opinion

McGraw v. St. Joseph's Hospital

West Virginia Supreme Court

Decided July 16, 1997No. 23540PublishedCited by 61 opinions

1Opinion of the Court

DAVIS, Justice:

This is an appeal by Robert S. McGraw, plaintiff below, from a summary judgment order of the Circuit Court of Wood County dismissing his complaint against the defendant below, St. Joseph’s Hospital.1 On appeal the plaintiff argues that the circuit court committed error in granting summary judgment on the grounds that medical expert testimony was required to show the defendant violated the standard of care in its treatment of him.

I

FACTUAL BACKGROUND

The facts of this ease are straightforward, though some critical points remain in dispute. On May 10,1991 the plaintiff walked into…

2Cases cited39 opinions

  1. Painter v. PeavyWest Virginia Supreme Court · 1994
  2. Williams v. Precision Coil, Inc.West Virginia Supreme Court · 1995
  3. Hanlon v. ChambersWest Virginia Supreme Court · 1995
  4. Mayhorn v. Logan Medical FoundationWest Virginia Supreme Court · 1994
  5. Jividen v. LawWest Virginia Supreme Court · 1995

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3Cited by61 opinions

  1. Wickland v. American Travellers Life InsuranceWest Virginia Supreme Court · 1998
  2. Estate of Martha S. French v. Stratford HouseTennessee Supreme Court · 2011
  3. Moats v. Preston County CommissionWest Virginia Supreme Court · 1999
  4. Andrews v. Reynolds Memorial Hospital, Inc.West Virginia Supreme Court · 1997
  5. In Re Tax Assessment of Foster Foundation's Woodlands Retirement CommunityWest Virginia Supreme Court · 2009

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