GARGIULO v. OHAR

Record No. 881291.

387 S.E.2d 787 (1990)

Patricia GARGIULO v. Jill Ann OHAR, M.D.

Supreme Court of Virginia.

January 12, 1990.


Attorney(s) appearing for the Case

Christopher J. Habenicht Chester (Rudolph L. di Trapano, Lonnie C. Simmons, Melissa M. Hambrick, Charleston, W.Va., Hopson & Habenicht, Chester, and Di Trapano & Jackson, Charleston, W.Va., on brief), for appellant.

Thomas E. Spahn (Rosewell Page, III, Joseph P. McMenamin, and McGuire, Woods, Battle & Boothe, Richmond, Va., on brief), for appellee.

Com. of Va. (Mary Sue Terry, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., Guy W. Horsley, Jr., Sr. Asst. Atty. Gen.), amicus curiae, for appellee.

Present CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and POFF, Senior Justice.


POFF, Senior Justice.

We granted this appeal to consider whether, as the trial court ruled, a licensed, board-certified physician, a salaried employee of a state hospital engaged as a fellow in a medical research and training program conducted by the hospital, was entitled to sovereign immunity from liability for medical malpractice allegedly committed against a patient participating in the program.

The question arises out of a judgment sustaining a defense...

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