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STONE v. ST. JOSEPH'S HOSP. OF PARKERSBURG

No. 26962.

538 S.E.2d 389 (2000)

Ira Timothy STONE, Plaintiff below, Appellee, v. ST. JOSEPH'S HOSPITAL OF PARKERSBURG, a West Virginia Corporation, Cass Palmer and Jackie M. Scott, Defendants below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided July 14, 2000.

Concurring and Dissenting Opinion of Justice McGraw October 20, 2000.

Attorney(s) appearing for the Case

Walt Auvil, Esq., Pyles and Auvil, Parkersburg, West Virginia, Attorney for Appellee.

Ricklin Brown, Esq., Bowles, Rice, McDavid, Graff & Love, Charleston, West Virginia, for Amicus Curiae West Virginia Chamber of Commerce.

Bryan R. Cokeley, Esq., Sandra K. Wilson, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for Appellants.

Steven L. Thomas, Esq., Kay, Casto, Chaney, Love & Wise, Charleston, West Virginia, Attorney for Amicus Curiae West Virginia Hospital Association.

STARCHER, Justice:

This is an appeal from a circuit court's order entering judgment on a jury's finding that a hospital had committed disability discrimination against an ambulance paramedic employee of the hospital. We conclude that the jury was not properly instructed, and also that the plaintiff did not present a sufficient evidentiary case to prove disability discrimination. We reverse the circuit court's judgment order.

I.

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