State ex rel. Valley Radiology, Inc. v. Gaughan

ALBRIGHT, Justice.

Petitioner Valley Radiology, Inc. seeks a writ of prohibition from this Court to prevent the enforcement of an order entered by the Circuit Court of Ohio County on May 24, 2006, granting Respondents, the wife and children of the deceased Joseph Bates, a new trial solely on the issue of damages in connection with a wrongful death action. Upon our review of this matter, we determine that the trial court- did not abuse its discretion in awarding a new trial solely on the issue of damages. Accordingly, we refuse to issue the requested wilt of prohibition.

I. Factual and…