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SMITH v. ANDREINI

No. 34271.

678 S.E.2d 858 (2009)

Catherine I. SMITH and John Smith, Plaintiffs Below, Appellees v. Derek ANDREINI, M.D. and Orthopaedic Surgery, Inc., A Corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2009.

Concurring and Dissenting Opinion of Justice Workman June 9, 2009.

Attorney(s) appearing for the Case

Brent P. Copenhaver, Colombo & Stuhr, PLLC, Morgantown, for the Appellants.

Geoffrey C. Brown, Scott S. Blass, Bordas & Bordas, PLLC Wheeling, for the Appellees.

McHUGH, Justice:

Appellants Derek Andreini, M.D., and Orthopaedic Surgery Inc., defendants below,1 appeal an order entered July 25, 2005, in the Circuit Court of Ohio County, West Virginia, which declared a mistrial upon a motion made by Appellees Catherine I. Smith and John Smith, her husband, plaintiffs below.2 The ground for Mrs. Smith's oral motion for mistrial, made just after the jury retired for deliberations...

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