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FUNERAL SERV. BY GREGORY v. BLUEFIELD HOSP.

No. 19778.

413 S.E.2d 79 (1991)

FUNERAL SERVICES BY GREGORY, INC., d/b/a the Kimball Funeral Home, Keith Gregory and Cassandra Miller Gregory, Plaintiffs Below, Appellants, v. BLUEFIELD COMMUNITY HOSPITAL, Dr. Naeem Qazi, and Other Unknown Individuals who Performed an Autopsy on the Deceased, and Other Unknown Individuals, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 5, 1991.

Attorney(s) appearing for the Case

James A. McKowen, Hunt & Wilson, Charleston, and Robert H. Carlton, Williamson, for appellants.

Karen Speidel Rodgers, Kay, Casto, Chaney, Love & Wise, Charleston, for appellee, Bluefield Community Hosp.

Matthew P. Moriarty, Richard W. Stuhr, Robert L. Brandfass, Jacobson, Maynard, Tuschman & Kalur, Charleston, for appellee, Naeem Qazi, M.D.

Harold D. Brewster, Jr., Brewster, Morhous & Cameron, Bluefield, for appellee, Dr. Dennis Pullins.

BROTHERTON, Justice:

In this case, we are asked to determine whether a mortician who embalmed a corpse, unaware that it was infected with Acquired Immune Deficiency Syndrome, was subjected to a battery. The appellants, Keith Gregory and his wife, Cassandra Miller Gregory, appeal from August 17, 1989, and November 14, 1989, rulings of the Circuit Court of Mercer County which dismissed all of their claims against the appellees, Bluefield Community Hospital, Dr. Naeem...

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