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NEARY v. CHARLESTON AREA MEDICAL CENTER

No. 22576.

460 S.E.2d 464 (1995)

194 W.Va. 329

Franklin NEARY and Patricia Neary, Plaintiffs Below, Appellants, v. CHARLESTON AREA MEDICAL CENTER, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1995.

Attorney(s) appearing for the Case

Harvey D. Peyton, Nitro, for appellants.

Richard D. Jones, Christine H. Fox, Flaherty, Sensabaugh & Bonasso, Charleston, for appellee.

PER CURIAM:

Franklin and Patricia Neary appeal a summary judgment order of the Circuit Court of Kanawha County dismissing their complaint without prejudice against the Charleston Area Medical Center, Inc. (CAMC). On appeal, Mr. and Mrs. Neary argue that summary judgment should not have been granted because: (1) there was a material issue of fact concerning whether CAMC's treatment of Mr. Neary was negligent; (2) the doctrine of res ipsa loquitur, which applies...

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