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

CourtCourt of Appeals for the Fourth Circuit

DecidedJuly 26, 1967

Docket11285

StatusPublished

This text of 381 F.2d 344 (Mary M. Kelly and Leo Kelly v. Edwin Chillag and Holden Hospital, Inc., a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

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Bluebook (online)

381 F.2d 344, 1967 U.S. App. LEXIS 5499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-m-kelly-and-leo-kelly-v-edwin-chillag-and-holden-hospital-inc-a-ca4-1967.