Legal Opinion

Robert Smith, Administrator v. Carolyn Clark, M.D. and Cabell Huntington Hospital, Inc.

West Virginia Supreme Court

Decided June 10, 2019No. 17-1086PublishedCited by 2 opinions

1Opinion of the Court

Jenkins, Justice:

*906 Petitioner Robert Smith ("Mr. Smith") herein appeals the November 17, 2017 order of the Circuit Court of Cabell County denying his motion for a new trial and renewed motion for judgment as a matter of law. 1 Mr. Smith alleges that the evidence at trial constituted a clear case of medical negligence and that certain trial errors circumvented the evidentiary process and forced a verdict against the weight of the evidence. Respondent Carolyn Clark, M.D. sets forth a cross-assignment of error, 2 arguing that the circuit court erred in denying her motion for judgment as a matter…

Also in this document: Dissent.

2Cases cited55 opinions

  1. State v. GuthrieWest Virginia Supreme Court · 1995
  2. Tennant v. Marion Health Care Foundation, Inc.West Virginia Supreme Court · 1995
  3. State v. McGinnisWest Virginia Supreme Court · 1994
  4. McDougal v. McCammonWest Virginia Supreme Court · 1995
  5. State v. MillerWest Virginia Supreme Court · 1996

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3Cited by2 opinions

  1. Donna J. Carter v. Davis Health SystemWest Virginia Supreme Court · 2023
  2. Richard Otto and Patricia Otto v. Catrow Law, PLLC.West Virginia Supreme Court · 2020

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