Legal Opinion · Dissent

Roberts v. Stevens Clinic Hospital, Inc.

West Virginia Supreme Court

Decided June 12, 1986No. 16598, 16599Published

1DissentMcHUGH, Justice

I respectfully but resolutely dissent. I do not agree with the majority’s decision to direct the entry of a remittitur (or in lieu thereof, if the plaintiff elects, a new trial1). *505Syllabus point 6 of the majority opinion overrules, without so stating, a long line of cases which, I believe, are well-reasoned.2 The majority opinion is also repugnant to a provision of the Constitution of West Virginia, specifically, W.Va. Const, art. Ill, § 13.3 The Great Cathedral in Salisbury, England, exalted in the majority opinion, is not as far “off dead center” as the legal architecture of the majority…

2Cases cited44 opinions

  1. Dimick v. SchiedtSupreme Court of the United States · 1935
  2. Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
  3. Jordan v. BeroWest Virginia Supreme Court · 1974
  4. Pisel v. Stamford HospitalSupreme Court of Connecticut · 1980
  5. Firestone v. Crown Center Redevelopment Corp.Supreme Court of Missouri · 1985

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