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Defense Verdict Affirmed in Case Against Bluefield Hospital

The West Virginia Supreme Court of Appeals affirmed a defense verdict in a case against Bluefield Hospital.  Sam Fox, Mitchell B. Tuggle, and Jason L. Holliday represented Bluefield Hospital.  Post-trial, the plaintiff asked the Circuit Court of Mercer County to overturn the jury verdict, claiming that two of the jurors did not disclose that they knew a witness at trial, and their failure to come forward means they were biased. The circuit court denied the motion, on the basis that the jurors had a tenuous connection with the witness, and, despite knowing the witness personally, the plaintiff’s attorneys failed to use the name she was known by when asking the jurors if they knew her.  The Supreme Court of Appeals upheld the circuit court’s denial.

 

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