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Louk v. Cormier
West Virginia Supreme Court of Appeals
622 S.E.2d 788 (2005)
- Written by Sean Carroll, JD
Facts
Rita Mae Louk (plaintiff) sued Dr. Serge Cormier (defendant) for medical malpractice. Pursuant to a provision in the state Medical Professional Liability Act (the act), the trial judge instructed the jury that the verdict did not need to be unanimous. After deliberations, 10 of 12 jurors found in Cormier’s favor. Louk filed a post-trial motion alleging that the provision permitting a verdict based on a nonunanimous jury was unconstitutional. The act contained a non-severability clause stating that if any provision in the act was invalid, certain enumerated clauses in the act were non-severable and also must be invalidated.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
Dissent (Benjamin, J.)
Dissent (Maynard, J.)
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