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COLEMAN v. SOPHER

No. 23943.

499 S.E.2d 592 (1997)

201 W.Va. 588

Mary COLEMAN, J. Wesley Coleman, and Michelle Coleman, Plaintiffs Below, Appellees, v. Irvin SOPHER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 20, 1997.

Dissenting Opinion of Justice Maynard November 21, 1997.

Concurring Opinion of Justice McHugh December 18, 1997.

Attorney(s) appearing for the Case

Charles F. Johns, Amy M. Smith, Steptoe & Johnson, Clarksburg, for the Appellant.

Joseph C. Cometti, Charleston, for the Appellees.

DAVIS, Justice:

Dr. Irvin Sopher, Chief Medical Examiner for the State of West Virginia, appeals a judgment entered against him by the Circuit Court of Fayette County in a tort action initiated by the relatives of a decedent upon whom Sopher performed an autopsy. The suit alleged that Sopher intentionally and without authorization removed the heart of the decedent. Sopher argues that the circuit court erred in finding that...

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