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STATE EX REL. VALLEY RADIOLOGY v. GAUGHAN

No. 33173.

640 S.E.2d 136 (2006)

STATE of West Virginia ex rel. VALLEY RADIOLOGY, INC., D/B/A Valley Radiologists, a West Virginia Corporation, Defendant/Petitioner, v. The Honorable Martin J. GAUGHAN, Respondent, Margaret Ann Bates, Individually and as the Administrator of the Estate of Ttahewm Joseph Bates and Two Minor Children (CMB and BMB) and Derak T. Bates (an Unemancipated Adult Beneficiary), Plaintiffs.

Supreme Court of Appeals of West Virginia.

Decided: November 29, 2006.

Attorney(s) appearing for the Case

William Crichton, V, William Crichton, VI, Crichton & Crichton, John H. Tinney, John K. Cecil, The Tinney Law Firm, PLLC, Charleston, for the Respondent, The Honorable Martin J. Gaughan.

Thomas J. Hurney, Jr., Rob J. Aliff, Jonathan L. Anderson, Jackson Kelly, PLLC, Charleston, for Defendant/Petitioner.

ALBRIGHT, Justice.

Petitioner Valley Radiology, Inc. seeks a writ of prohibition from this Court to prevent the enforcement of an order entered by the Circuit Court of Ohio County on May 24, 2006, granting Respondents, the wife and children of the deceased Joseph Bates, a new trial solely on the issue of damages in connection with a wrongful death action. Upon our review of this matter, we determine that the trial court did not abuse its discretion in awarding a new...

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