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PRICE v. CHARLESTON AREA MEDICAL CENTER

No. 31774.

619 S.E.2d 176 (2005)

217 W.Va. 663

Ercelle E. PRICE, Plaintiff Below, Appellant, v. CHARLESTON AREA MEDICAL CENTER, INC., a West Virginia Corporation; University of West Virginia Board of Trustees; and Associated Radiologists, Inc., a West Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 24, 2005.

Dissenting Opinion of Justice Starcher July 14, 2005.

Attorney(s) appearing for the Case

Marvin W. Masters, Esq., Julie N. Langford, Esq., The Masters Law Firm, L.C., Charleston, for Appellant, Price.

Dina M. Mohler, Esq., Cheryl A. Eifert, Esq., Office of the General Counsel, Charleston Area Medical Center, Inc., Charleston, for Appellee, Charleston Area Medical Center, Inc.

Charles R. Bailey, Esq., Susan M. Harman, Esq., George J. Joseph, Esq., Bailey & Wyant, P.L.L.C., Charleston, for Appellee, University of West Virginia Board of Trustees.

Mark A. Robinson, Esq., C. Benjamin Salango, Esq., Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, for Appellee, Associated Radiologists, Inc.

BENJAMIN, Justice.

In this appeal, the appellant and plaintiff below, Ercelle E. Price, challenges the December 4, 2003, order of the Circuit Court of Kanawha County, West Virginia, denying his motion for a new trial following an adverse jury verdict in his medical malpractice action. The appellees and defendants below are Charleston Area Medical Center, Inc.; University of West Virginia Board of Trustees; and Associated Radiologists, Inc. The appellant's cause of...

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