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MAYHORN v. LOGAN MEDICAL FOUNDATION

No. 21933.

454 S.E.2d 87 (1994)

193 W.Va. 42

Roberta MAYHORN, as Executrix of the Estate of Homer Mayhorn, Plaintiff Below, Appellant, v. LOGAN MEDICAL FOUNDATION, a corporation, dba Logan General Hospital; and Dr. Jim Gosien, M.D., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1994.

Dissenting Opinion of Justice Neely December 12, 1994.

Attorney(s) appearing for the Case

Thomas A. Zamow, Logan, for appellant.

George L. Partain, Logan, for appellee Logan Medical Foundation.

William L. Mundy, Mundy & Adkins, Huntington, for appellee Dr. Jim Gosien, M.D.

McHUGH, Justice:

The appellant, Roberta Mayhorn, filed a medical malpractice wrongful death action pursuant to W.Va.Code, 55-7-5 [1931] and 55-7B-1, et seq. against the appellees, Logan Medical Foundation, d/b/a Logan General Hospital (hereinafter "the hospital") and Jim Gosien, M.D. The appellant filed this appeal after the Circuit Court of Logan County granted the appellees' motion for a directed verdict...

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