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ROWE v. SISTERS OF PALLOTTINE MISSIONARY

No. 29161.

560 S.E.2d 491 (2001)

211 W.Va. 16

Brian W. ROWE, Plaintiff Below, Appellee, v. SISTERS OF THE PALLOTTINE MISSIONARY SOCIETY, a non-profit corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 11, 2001.

Concurring and Dissenting Opinion of Justice Davis December 12, 2001.

Concurring Opinion of Chief Justice McGraw December 18, 2001.

Attorney(s) appearing for the Case

William D. Levine, Esq., St. Clair & Levine, Huntington, for the Appellee.

Joseph M. Farrell, Jr., Esq., Robert L. Hogan, Esq., Farrell, Farrell & Farrell, L.C., Huntington, for the Appellant.

STARCHER, Justice.

In this medical malpractice action from the Circuit Court of Cabell County, we are asked to examine a judgment order adopting a jury's verdict awarding damages to appellee, Brian W. Rowe ("Mr. Rowe"). The appellant is the Sisters of Pallottine Missionary Society, which does business as St. Mary's Hospital. The appellant hospital contends that the circuit court erred in refusing to instruct the jury on...

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