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No. 35338 - Annie Mack-Evans v. Oak Hill Hospital Corporation, d/b/a Plateau Medical Center

FILED October 7, 2010
Workman, Justice, concurring, in part, and dissenting, in part:
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

"`The question of when plaintiff knows or in the exercise of reasonable diligence has reason to know of medical malpractice is for the jury.' Syllabus Point 4, Hill v. Clarke, 161 W. Va. 258, 241 S.E.2d 572 (1978)." Syl. Pt. 5, Gaither v. City Hosp., Inc., 199 W. Va. 706, 487 S.E.2d 901 (1997). Despite this well-settled axiom, the circuit court in this case removed this question from the province of the jury by deciding it on summary judgment. Because the plaintiff, Annie Mack-Evans ("Ms. Mack-Evans"), was entitled to have a jury

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West Virginia Law