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WOODRUM v. JOHNSON

No. 28857.

559 S.E.2d 908 (2001)

210 W.Va. 762

Timothy T. WOODRUM and Gina M. Woodrum, individually and as husband and wife, Plaintiffs Below, v. Jerome G. JOHNSON, M.D., Morgantown Surgical Associates, Inc., Defendants Below, and Monongalia Health System, Inc., and Monongalia County General Hospital Company, d/b/a Monongalia General Hospital, Defendants Below.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2001.

Attorney(s) appearing for the Case

Beth A. Raffle, Esq., Susan S. Brewer, Esq., Ancil G. Ramey, Esq., Steptoe & Johnson, PLLC, Morgantown, for Defendants Monongalia Health Systems, Inc., and Monogalia County General Hospital Company, Inc.

Wesley W. Metheney, Esq., Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, PLLC, Morgantown, Barry Hill, Esq., Wheeling, for West Virginia Trial Lawyers Association, Amicus Curiae.

Curtis G. Power III, Esq., Robert W. Dinsmore, Esq., Bowles Rice McDavid Graff & Love, PLLC, Winchester, for Plaintiffs.

McGRAW, Chief Justice.

This case comes to the Court on certified question from the Circuit Court of Monongalia County, and requires that we resolve the question of whether a plaintiff's release of a primarily liable tortfeasor necessarily releases other parties defendant who may be derivatively or vicariously liable based upon their relationship with the tortfeasor. Specifically, the circuit court has posed the following question of law:

Does the settlement...

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