Louk v. Cormier

DAVIS, Justice:

Rita Mae Louk, appellant/plaintiff below (hereinafter referred to as “Ms. Louk”), appeals from an order of the Circuit Court of Randolph County denying her motion for a new trial. A jury returned a non-unanimous verdict against Ms. Louk in her medical malpractice action against Dr. Serge Cormier, appellee/defendant below (hereinafter referred to as “Dr. Cormier”). Here,' Ms. Louk contends that the circuit court erred by ruling that the non-unanimous verdict provision of W. Va.Code § 55-7B-6d (2001) (Supp. 2004) was constitutional.1 After reviewing the briefs, listening to the…