Mary M. Kelly and Leo Kelly v. Edwin Chillag and Holden Hospital, Inc., a Corporation

Fourth Circuit

Mary M. Kelly and Leo Kelly v. Edwin Chillag and Holden Hospital, Inc., a Corporation

381 F.2d 344, 1967 U.S. App. LEXIS 5499

Court of Appeals for the Fourth Circuit·Decided July 26, 1967·No. 11285·Published

Opinion

PER CURIAM.

The plaintiff has appealed from a judgment entered in her favor in her action *345 for malpractice against a surgeon. Her principal complaint is the withdrawal from the jury of the question of punitive damages.

However censurable the physician’s lack of candor after the event, it cannot convert his act of simple negligence into one of such recklessness or wilfulness as to furnish a foundation for punitive damages.

Otherwise, we also find the court’s submission of the case to the jury fair and in conformity with the governing law of West Virginia.

Affirmed.

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PER CURIAM.

The plaintiff has appealed from a judgment entered in her favor in her action *345 for malpractice against a surgeon. Her principal complaint is the withdrawal from the jury of the question of punitive damages.

However censurable the physician’s lack of candor after the event, it cannot convert his act of simple negligence into one of such recklessness or wilfulness as to furnish a foundation for punitive damages.

Otherwise, we also find the court’s submission of the case to the jury fair and in conformity with the governing law of West Virginia.

Affirmed.

Mary M. Kelly and Leo Kelly v. Edwin Chillag and Holden Hospital, Inc., a Corporation, 381 F.2d 344, 1967 U.S. App. LEXIS 5499 (4th Cir. 1967).

Pincite

381 F.2d 344 (Mary M. Kelly and Leo Kelly v. Edwin Chillag and Holden Hospital, Inc., a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.