Smith v. Andreini

McHUGH, Justice:

Appellants Derek Andreini, M.D., and Orthopaedic Surgery Inc., defendants below,1 appeal an order entered July 25, 2005, in the Circuit Court of Ohio County, West Virginia, which declared a mistrial upon a motion made by Appellees Catherine I. Smith and John Smith, her husband, plaintiffs below.2 The ground for Mrs. Smith’s oral motion for mistrial, made just after the jury retired for deliberations, was based upon remarks made by defense counsel during closing argument. At Mrs. Smith’s request, the trial judge reserved its ruling on the motion until after the jury returned…