DELLER v. NAYMICK

No. CC950.

342 S.E.2d 73 (1985)

Frederick H. DELLER and Jerri Deller v. George NAYMICK, M.D.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion April 4, 1986.


Attorney(s) appearing for the Case

Barry M. Hill, Zagulaa & Hill, Weirton, for appellants.

Carl N. Frankovitch, Frankovitch & Anetakis, Weirton, William C. Gallagher, O'Brian, Cassidy & Gallagher, Wheeling, for appellee.


McHUGH, Justice:

This case is before this Court upon certified questions from the Circuit Court of Hancock County, West Virginia. It presents questions as to the applicability of coemployee immunity to a doctor employed by a subscriber to the Workers' Compensation Fund or by a self-insured employer and the effect, if any, of the carrying of liability insurance on such immunity.

Frederick H. Deller, one of the plaintiffs herein1

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