Legal Opinion

Anderson v. Kunduru

West Virginia Supreme Court

Decided July 6, 2004No. 31628PublishedCited by 5 opinions

1Per curiam

In this appeal from the Circuit Court of Logan County, we are asked to examine a situation where an attorney failed to produce the report of an expert designated as a witness in a medical malpractice trial. The attorney’s failure resulted from the ineffectiveness of the attorney, not his client. The circuit court, however, imposed sanctions against the client in the form of an order striking the testimony of the expert witness, and later an order granting summary judgment because, in the absence of the expert’s testimony, there was no genuine issue of material fact on the standard of care.

As…

2Cases cited4 opinions

  1. Bartles v. HinkleWest Virginia Supreme Court · 1996
  2. Bell v. Inland Mutual InsuranceWest Virginia Supreme Court · 1985
  3. Lipscomb v. Tucker County CommissionWest Virginia Supreme Court · 1999
  4. Camden Fire Insurance v. JusticeSupreme Court of the United States · 1985

3Cited by5 opinions

  1. Jenkins v. CSX Transportation, Inc.West Virginia Supreme Court · 2007
  2. Goldizen v. Grant County Nursing HomeWest Virginia Supreme Court · 2010
  3. Jeffrey Humphrey v. Richard DealWest Virginia Supreme Court · 2020
  4. Jenkins v. CSX Transportation, Inc.West Virginia Supreme Court · 2007
  5. Margaret Reeves v. Camden Clark Memorial Hospital Corporation and Adam KaplanWest Virginia Supreme Court · 2021

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