Roberts v. Stevens Clinic Hospital, Inc.
West Virginia Supreme Court
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
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
- Jordan v. BeroWest Virginia Supreme Court · 1974
- Pisel v. Stamford HospitalSupreme Court of Connecticut · 1980
- Firestone v. Crown Center Redevelopment Corp.Supreme Court of Missouri · 1985
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