GERVER v. BENAVIDES

No. 26355.

530 S.E.2d 701 (1999)

207 W.Va. 228

Kent A. GERVER and Billie Jo Gerver, Plaintiffs below, Appellants, v. Aurelio BENAVIDES, M.D., Defendant below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 13, 1999.

Dissenting Opinion of Justice Maynard December 16, 1999.

Concurring Opinion of Chief Justice Starcher January 7, 2000.


Attorney(s) appearing for the Case

D. Michael Burke, Esq., Burke & Schultz, Martinsburg, West Virginia, Barry J. Nace, Esq., Paulson & Nace, Washington, D.C., Attorneys for the Appellants.

William Galeota, Esq., P. Gregory Haddad, Esq., Steptoe & Johnson, Morgantown, West Virginia, Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for the Appellee.


PER CURIAM:

In this appeal from the Circuit Court of Berkeley County, we are asked to examine a June 22, 1998 order that set aside a medical malpractice jury verdict in favor of the plaintiffs, and awarded the defendant physician a new trial. After a careful consideration of the briefs, arguments of the parties, and all matters of record, we conclude that the circuit court abused its discretion in setting aside the jury's verdict.

As set forth below, we reverse...

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