YATES v. UNIV. OF WEST VIRGINIA BD.

No. 28241.

549 S.E.2d 681 (2001)

209 W.Va. 487

Jonella R. YATES and Donald Yates, Her Husband, Plaintiffs Below, Appellants, v. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES, A Statutory West Virginia Agency, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 15, 2001.

Concurring Opinion of Justice Starcher July 9, 2001.


Attorney(s) appearing for the Case

J. Robert Rogers, William D. Thompson, Law Office of J. Robert Rogers, Hurricane, for the Appellants.

Wesley W. Metheney, Paul T. Farrell, Jr., for Amicus Curiae West Virginia Trial Lawyers Association.

Edward Kowal, Jr., Dustin C. Haley, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for the Appellee.


MAYNARD, Justice.

Jonella Yates and her husband, Donald Yates, the appellants and plaintiffs below in a medical malpractice case, appeal the final order of the Circuit Court of Cabell County entered December 3, 1999. The appellants raise several issues on appeal to this Court. After careful consideration of these issues, we reverse the judgment of the circuit court.

I.

FACTS

On May 4, 1994, appellant, Jonella Yates ("Mrs.Yates") was hospitalized...

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