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GREEN v. CHARLESTON AREA MEDICAL CENTER

No. 31122.

600 S.E.2d 340 (2004)

215 W.Va. 628

Patrice GREEN, Executrix of the Estate of Francis Green, Deceased, Plaintiff Below, Appellant v. CHARLESTON AREA MEDICAL CENTER, INC., DBA Charleston Area Medical Center, a West Virginia Corporation; and Charleston Emergency Physicians, Inc., a West Virginia Corporation, Defendants Below, Appellees and Patrice Green, Executrix of the Estate of Francis Green, Deceased, Plaintiff Below, Appellant v. Edward Wright, M.D., Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Carole A. Lewis Bloom, Esq., Guy R. Bucci, Esq., Bucci, Bailey & Javins, L.C., Charleston, Wayne R. Spivey, Pro Hac Vice, V. Paul Bucci, II, Pro Hac Vice, Shrager, Spivey & Sachs, Philadelphia, PA, for Appellant.

Dina M. Mohler, Esq., Rita Massie Biser, Esq., Kay Casto & Chaney, LLC, Charleston, for Charleston Area Medical Center, Appellee.

John F. McCuskey, Esq., Roberta F. Green, Esq., Shuman, McCuskey & Slicer, Charleston, for Edward Wright, M.D., Appellee.

PER CURIAM.

This is an appeal by Patrice Green, Executrix of the Estate of Francis Green, deceased, from an order of the Circuit Court of Kanawha County, denying the appellant a new trial in a wrongful death action. On appeal, the appellant claims that an attorney for one of the appellees made inappropriate and prejudicial remarks during his opening and closing statements and that consequently the trial court should have awarded a new trial. The appellant also claims...

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