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PENNINGTON v. BLUEFIELD ORTHOPEDICS, P.C.

No. 20463.

419 S.E.2d 8 (1992)

187 W.Va. 344

Fred PENNINGTON and Colette Elaine Pennington Individually, and as the Parents and Natural Guardians of Lisa Denise Pennington, an Infant Plaintiff Below, Appellees, v. BLUEFIELD ORTHOPEDICS, P.C., a Corporation, and Yogesh Chand, M.D., an Individual, Defendant Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Laurie Garrigan McKowen, Masters & Taylor, L.C., Charleston, for appellees.

Harold D. Brewster, Jr., Brewster, Morhous & Cameron, Bluefield, for appellants.

BROTHERTON, Justice:

The appellants, defendants below, are Bluefield Orthopedics, P.C., and Yogesh Chand, M.D., who appeal from the lower court's refusal to grant their post-trial motion and offset an adverse $53,000 medical malpractice verdict against the $72,000 settlement paid by the driver of the vehicle who caused the initial injuries in this case.

On May 19, 1984, Lisa Pennington was injured in an automobile...

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