# Mayhorn v. Logan Medical Foundation

> West Virginia Supreme Court · December 12, 1994 · 193 W. Va. 42

URL: https://www.frixlaw.com/law-library/cases/9856393

## Case

- **Full name:** Roberta MAYHORN, as Executrix of the Estate of Homer Mayhorn, Plaintiff Below, Appellant, v. LOGAN MEDICAL FOUNDATION, a Corporation, Dba Logan General Hospital; And Dr. Jim Gosien, M.D., Defendants Below, Appellees
- **Court:** West Virginia Supreme Court
- **Decided:** December 12, 1994
- **Citations:** 193 W. Va. 42; 454 S.E.2d 87
- **Precedential status:** Published
- **Opinion:** Dissent by Neely
- **Judges:** McHugh, Brotherton, Miller, Neely
- **Cited by:** 65 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/9856393

## How later opinions describe it (automated extraction)

- concluding that board certified internal medicine physician who was professor of cardiology and previously worked in emergency room was qualified to give expert testimony in wrongful death action involving treatment of patient by emergency room physician, and observing that if…
- holding that whether a witness is qualified to state an opinion is within the discretion of the trial court and that its ruling will not be disturbed absent an abuse of discretion
- stating that “[t]his Court has complete authority to determine an expert’s qualifications pursuant to its constitutional rule-making authority.”
- finding W.Va. Code, 55-7B-7, which outlined the qualifications of an expert in a medical malpractice case, was superseded by W.Va. R. Evid. 702

## Opinion text

NEELY, Acting Chief Justice,
dissenting.
(Filed Dec. 12, 1994)
I dissent to the holding of Syllabus Point 6 for reasons set forth in my dissent in Gilman v. Choi 185 W.Va. at 182, 406 S.E.2d at 205 (1990).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9856393. Public record. Not legal advice.