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PAINTIFF v. CITY OF PARKERSBURG

No. 16621.

345 S.E.2d 564 (1986)

Sharon L. PAINTIFF, et al. v. The CITY OF PARKERSBURG, etc., dba Camden Clark Memorial Hospital, et al., and William E. Gilmore.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 9, 1986.

Attorney(s) appearing for the Case

George E. Lantz, David G. Palmer, Lantz, Rudolph & Palmer, Parkersburg, for appellants.

Diana Everett, Renner, Everett, Bash & Powell, Parkersburg, for City and Bd. of Trustees.

Daniel A. Ruley, Jr., Morris & Ruley, Richard A. Hayhurst, Davis, Bailey, Pfalzgraf & Hall, Parkersburg, for William Gilmore.

NEELY, Justice:

The sole issue on this appeal is the extent to which the "locality rule" in medical malpractice cases shall continue to be followed in West Virginia. We find that our own prior cases have so eroded the rule that it is but a shadow of its former self and that medical practice in West Virginia has changed to such an extent that there is no longer any social policy to be served by allowing a vestige of the rule to linger. Therefore, the locality rule...

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