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O'DELL v. MILLER

No. 29776.

565 S.E.2d 407 (2002)

211 W.Va. 285

Samuel R. O'DELL and Eva O'Dell, Plaintiffs Below, Appellants, v. Gary W. MILLER, M.D., and First Settlement Orthopaedics, Inc., an Ohio corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 23, 2002.

Dissenting Opinion of Justice Maynard June 26, 2002.

Attorney(s) appearing for the Case

Richard A. Monahan, Esq., Masters & Taylor, L.C., Charleston, for Appellants.

John D. Hoffman, Esq., Mark A. Robinson, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, for Appellees.

STARCHER, Justice.

The appellants, Samuel O'Dell and Eva O'Dell, have appealed a verdict rendered by a Wood County jury on August 25, 2000, in a medical malpractice case. The appellants argue that they were denied their right to empanel a fair and unbiased jury. We agree and reverse the trial court's ruling.

I.

Facts & Background

On March 17, 1997, Mr. O'Dell sustained a knee injury...

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