# Louk v. Cormier

> West Virginia Supreme Court · August 8, 2005 · 218 W. Va. 81

URL: https://www.frixlaw.com/law-library/cases/9626222

## Case

- **Full name:** Rita Mae LOUK, Plaintiff Below, Appellant, v. Serge CORMIER, M.D., Defendant Below, Appellee
- **Court:** West Virginia Supreme Court
- **Decided:** August 8, 2005
- **Citations:** 218 W. Va. 81; 622 S.E.2d 788
- **Precedential status:** Published
- **Opinion:** Concurrence by Albright
- **Judges:** Davis, Maynard, Albright, Benjamin
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9626222

## How later opinions describe it (automated extraction)

- explaining that under § 146 of Restatement (Second) of Conflicts of Law, in action for personal injury, local law of state where injury occurred determines rights and liabilities of parties, unless with respect to particular issue, some other state has more significant relatio…

## Opinion text

ALBRIGHT, Chief Justice,
concurring:
(Filed July 6, 2005)
I concur with the result in this case but pause to offer some words of caution. The authority relied upon by the majority regarding the non-severability clause is quite tenuous. I fear the reasoning employed by the majority creates serious potential for mischief. On the other hand, the use by the Legislature of a so-called “non-severability” clause — especially on a regular basis — has equal or even greater potential for mischief.
In this case, I would have preferred that the Court postpone the issuance of the mandate in order to give the Legislature the time needed to reconsider whether it truly desired to have its entire enactment on medical malpractice fail because it had inadvertently strayed into an area of constitutional responsibility reserved to this Court. For this reason I concur with reservation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9626222. Public record. Not legal advice.