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GILMAN v. CHOI

No. 19635.

406 S.E.2d 200 (1990)

Gladys GILMAN and Bruce Gilman v. Young I. CHOI, M.D., Pleasant Valley Hospital, Inc., a Corporation, Bakshy Chhibber, M.D., and Thomas J. Moskalewicz, M.D.

Supreme Court of Appeals of West Virginia.

Opinion of Chief Justice Neely Concurring in Part and Dissenting in Part January 25, 1991.

Attorney(s) appearing for the Case

Herbert H. Henderson, Gail Henderson-Staples, Huntington, for Gladys Gilman and Bruce Gilman.

Michael Farrell, Jenkins, Fenstermaker, Krieger, Kayes & Farrell, Huntington, for Pleasant Valley Hosp.

Don R. Sensabaugh, Jr., Edward C. Martin, Kay, Casto, Chaney, Love & Wise, Charleston, for Thomas J. Moskalewicz.

Sprague W. Hazard, Steptoe & Johnson, Charleston, for Young I. Choi.

Stephen D. Annand, Donald L. Stennett, Shuman, Annand & Poe, Charleston, for Dr. Bakshy Chhibber, M.D.

McHUGH, Justice:

In this certified question case this Court is asked essentially to decide the validity of a recent statute on expert testimony in a medical malpractice action, specifically, W.Va.Code, 55-7B-7 [1986], in light of the West Virginia Rules of Evidence. The Circuit Court of Mason County upheld the validity of the statute, and we, too, believe the statute is valid, but for a reason not assigned by the circuit court.

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