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FOSTER v. SAKHAI

No. 29339.

559 S.E.2d 53 (2001)

210 W.Va. 716

Helen FOSTER, Individually and as the Executrix of the Estate of Hoy Dale Foster, Deceased, Plaintiff Below, Appellant, v. Hossein SAKHAI, M.D., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2001.

Attorney(s) appearing for the Case

Roger D. Williams, Esq., Sprague W. Hazard, Esq., Charleston, for Appellant.

C. Benjamin Salango, Esq., William J. Cooper, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, for Appellee.

MCGRAW, Chief Justice.

Appellant Helen Foster (sometimes also referred to as "plaintiff" in the course of this opinion) and her late husband filed a medical malpractice suit against appellee Dr. Hossein Sakhai for personal injuries the Fosters alleged as a result of brain surgery performed by Dr. Sakhai upon Mr. Foster. Mr. Foster died before the case could come to trial, but at the trial, the jury awarded Mrs. Foster and...

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