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RINE BY AND THROUGH RINE v. IRISARI

No. 20459.

420 S.E.2d 541 (1992)

187 W.Va. 550

Michael RINE, an Infant and Incompetent, By and Through his Mother, Natural Guardian and Next of Friend, Traci L. RINE, and Traci L. Rine, Individually, Plaintiffs Below, Appellants, v. Oscar S. IRISARI, M.D., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, William E. Parsons, Fitzsimmons & Parsons, and Gregory A. Gaudino and William G. Petroplus, Petroplus & Gaudino, Wheeling, for appellants.

Herbert G. Underwood, Steptoe & Johnson, Clarksburg, for appellee.

McHUGH, Chief Justice:

The appellants, Michael Rine, an infant, and his mother, Traci L. Rine, appeal from a jury verdict entered in a medical malpractice action in the Circuit Court of Marshall County in favor of Oscar S. Irisari, M.D., an obstetrician. Upon review of the record before us, we conclude that this case should be remanded for a new trial.

I

Ms. Rine employed Dr. Irisari to treat her during...

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