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PLEASANTS v. ALLIANCE CORP.

No. 27663.

543 S.E.2d 320 (2000)

209 W.Va. 39

Pamela S. PLEASANTS as Administratrix of the Estate of Jennifer Lynn Pleasants, deceased, Plaintiff Below, Appellant, v. ALLIANCE CORPORATION, a West Virginia corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2000.

Concurring and Dissenting Opinion of Justice Starcher January 10, 2001.

Attorney(s) appearing for the Case

Robert V. Berthold, Jr. Esquire, Tony L. O'Dell, Esquire, Berthold, Tiano & O'Dell, Charleston, for Appellant.

Stephen D. Annand, Esquire, Roberta F. Green, Esquire, Shuman, McCuskey & Slicer, Charleston, for Appellee.

SCOTT, Justice:

The estate of Jennifer Pleasants, a fifteen-year-old who died within ten hours of leaving the emergency room of Women and Children's Hospital in Charleston, West Virginia, after presenting herself for treatment with gastritis-type symptoms, appeals from a defense verdict. The assignments of error upon which Appellant relies include: (1) the trial court's failure to permit a hearing on whether a juror gave...

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