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ROBERTS v. STEVENS CLINIC HOSP., INC.

Nos. 16598, 16599.

345 S.E.2d 791 (1986)

Kenneth L. ROBERTS v. STEVENS CLINIC HOSPITAL, INC. and Vernon J. Magnus, M.D.

Supreme Court of Appeals of West Virginia.

Dissenting Opinions June 12, 1986.

Attorney(s) appearing for the Case

G. David Brumfield, Ballard & Brumfield, Welch, for appellee.

Lawrence E. Morhous, David M. Kersey, Hudgins, Coulling, Brewster, Morhous & Cameron, Bluefield, George Sharp, Kay, Casto & Chaney, Charleston, for Stevens Clinic.

David L. Shuman, Stephen D. Annand, Shuman, Annand & Poe, Edward T. Eardley, Steptoe & Johnson, Charleston, Rudolph J. Murensky, Lacaria & Murensky, Welch, for Vernon J. Magnus, M.D.

NEELY, Justice:

In this appeal we decide whether we should sustain a McDowell County Circuit Court $10,000,000 jury award in favor of the parents and two siblings of Michael Joseph Roberts, a 2½-year-old child who died as the result of medical malpractice. We find no reversible error in the conduct of the trial, but we find it appropriate to enter a remittitur of $7,000,000.

Kenneth and Joyce Roberts are a...

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