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MATNEY v. LOWE

No. 21683.

444 S.E.2d 730 (1994)

191 W.Va. 220

Connie MATNEY, Administratrix of the Estate of Troy Matney, Appellant, v. Robert W. LOWE, M.D., Hans Dransfeld, M.D., Dennis M. Burton, M.D., Hoyt J. Burdick, M.D., Clinton J. Pace, II, M.D., and St. Mary's Hospital, a Corporation, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 26, 1994.

Attorney(s) appearing for the Case

H. Truman Chafin, Gretchen Lewis Chafin, Williamson, for appellant.

Richard W. Stuhr, William J. Cooper, Jacobson, Maynard, Tuschman & Kalur, Charleston, for appellees.

PER CURIAM:

This case involves an appeal by the plaintiff below, Connie Matney, now appellant, from the May 14, 1992, final order of the Circuit Court of Cabell County, West Virginia, which refused the appellant's motion for a new trial.

Troy Matney suffered a back injury in a mine accident in 1987. On September 7, 1988, he underwent a spinal fusion surgery performed by Dr. Robert Lowe, M.D. Mr. Matney had pre-existing allergic asthma, which was followed during...

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