Rowe v. Sisters of the Pallottine Missionary Society

STARCHER, Justice.

In this medical malpractice action from the Circuit Court of Cabell County, we are asked to examine a judgment order adopting a jury’s verdict awarding damages to appellee, Brian W. Rowe (“Mr. Rowe”). The appellant .is the Sisters of Pallottine Missionary Society, which does business as St. Mary’s Hospital. The appellant hospital contends that the circuit court erred in refusing to instruct the jury on the principles of comparative negligence.

As set forth below, we find the circuit court correctly refused to give comparative negligence instructions to the jury. We therefore…