Wade v. Chengappa

532 S.E.2d 37, 207 W. Va. 319, 1999 W. Va. LEXIS 84
CourtWest Virginia Supreme Court
DecidedJuly 12, 1999
DocketNo. 24636
StatusPublished
Cited by1 cases

This text of 532 S.E.2d 37 (Wade v. Chengappa) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wade v. Chengappa, 532 S.E.2d 37, 207 W. Va. 319, 1999 W. Va. LEXIS 84 (W. Va. 1999).

Opinions

PER CURIAM:

This is an appeal by Diana Wade and her husband from a judgment of the Circuit Court of Wetzel County awarding them $24,455.71 on the basis of a jury verdict in a medical malpractice action. On appeal, the appellants claim that the circuit court erred in failing to strike one of the prospective jurors in the case for cause, and they also claim that the verdict amount returned by the jury was inadequate as a matter of law.

I.

FACTS

On May 25, 1990, Dr. K.M. Chengappa, a surgeon, performed a hysterectomy on Diana Wade at Wetzel County Hospital. In the course of the surgery, a retractor was placed against Diana Wade’s femoral nerve and, following the surgery, Diana Wade developed a condition which was diagnosed as femoral neuropathy.

Subsequently, Diana Wade and her husband instituted the present civil action charging that the placement of the retractor, and Dr. K.M. Chengappa’s failure to monitor Ms. Wade’s neurological responses to it, constituted negligence. The ease against Dr. K.M. Chengappa was tried before a jury commencing on July 8, 1996, and concluding on July 11,1996.1

Prior to the actual commencement of trial, the court and the attorneys for the parties engaged in extensive voir dire of the prospective jurymen. In the course of the voir dire, information was developed indicating that one of the prospective jurymen, James Ronald Long, and his family, were treated by a Dr. Miller whose backup physician was Dr. K.M. Chengappa’s wife, Dr. Leela Chengap-pa. Although the defendant Dr. K.M. Chen-gappa had never acted as backup physician or treated Mr. Long or his family, and although Dr. Leela Chengappa had not been involved in Ms. Wade’s surgery, counsel for Ms. Wade moved that the trial court strike prospective juror Long for cause. The trial judge denied that motion, and, subsequently, the attorney used one of his peremptory strikes to exclude prospective juror Long from the jury.

During the subsequent trial of the case, a stipulation was introduced showing that Diana Wade had paid Four Thousand Four Hundred Fifty-Five and ^ioo Dollars ($4,455.71) for medical expenses as a result of Dr. K.M. Chengappa’s alleged negligence. Ms. Wade also testified and introduced evi[321]*321dence showing that she had endured pain and suffering, emotional distress and lost enjoyment of life as a result of her injury. At the conclusion of the trial, a special verdict form was submitted to the jury by which the jury was asked to assess Diana Wade’s damages according to category. After deliberating, the jury found that Dr. K.M. Chengappa had in fact been negligent, and awarded Diana Wade and her husband Four Thousand Four Hundred Fifty-Five and 7I/ioo Dollars ($4,455.71) for past medical bills, and further awarded Twenty Thousand Dollars ($20,000.00) for pain and suffering, both past and future. The jury awarded no damages for mental anguish, which was defined as emotional and mental distress, embarrassment, humiliation, loss of personal dignity and inconvenience, and further awarded no damages for loss of enjoyment of life or for deformity or disfigurement or for Mr. Wade’s loss of consortium.

After return of the verdict, Diana Wade and her husband moved for a new trial on the ground that the circuit court had erred in failing to strike prospective juror Long for cause, and on the further ground that the jury verdict was inadequate in that it did not include damages for all the elements proved. On November 12, 1996, the circuit court entered an order denying the Wades’ motion for a new trial. It is from that order that Diana Wade and her husband now appeal.

II.

DISCUSSION

A.

Juror Issue

The first claim that Diana Wade and her husband assert on appeal is that the circuit court erred in failing to strike prospective juror Long for cause.

As has been previously indicated, during voir dire, evidence was adduced showing that prospective juror Long and his family were treated by a Dr. Miller whose backup physician was Dr. Leela Chengappa, the wife of Dr. K.M. Chengappa against whom the present action was brought. Prospective juror Long acknowledged that Dr. Leela Chengappa was a backup doctor for his family’s physician, and he indicated that Dr. Leela Chengappa had treated his father on an emergency basis for a stroke at Wetzel County Hospital. Prospective juror Long specifically testified that he had never personally been treated by Dr. Leela Chengap-pa, but that he had called in for medications.2 He also indicated that on occasion while Dr. Leela Chengappa was acting in her backup role, his children and wife had personally seen her. Upon learning of prospective juror Long’s relationship with Dr. Leela Chengappa, the court asked prospective juror Long: “Do you think knowing Dr. Chengappa’s wife would have any influence on your decision-making abilities or qualities in this case? Would you — .” Prospective juror Long responded: “I don’t think so, no.”

When cross-examined about his feelings relating to the Chengappas, prospective juror Long testified that the fact that he might have to sit on a case and render a verdict against Dr. K.M. Chengappa would not affect his using Dr. Leela Chengappa. He did say that he might hesitate to send his children back to her, but that would not be a problem because there were other physicians who could treat them. He further testified that he had never met Dr. KM. Chengappa. He also stated that he felt that he could be fair and impartial, both to the defendant Dr. K.M. Chengappa and to the Wades.

As has been previously stated, at the conclusion of the examination of prospective juror Long, the trial court refused to strike him from the jury panel for cause, and Diana Wade’s attorney subsequently used a peremptory strike to remove him from the jury.

As a general rule, W. Va.Code 56-6-12 provides standards relating to the qualifications of jurors and relating to such matters as to whether a prospective juror has an [322]*322interest or bias toward a particular party. That statute states, in relevant part:

Either party in any action or suit may, and the court shall on motion of such party, examine on oath any person who is called as a juror therein, to know whether he is a qualified juror, or is related to either party, or has any interest in the cause, or is sensible of any bias or prejudice therein; and the party objecting to the juror may introduce any other competent evidence in support of the objection; and if it shall appear to the court that such person is not a qualified juror or does not stand indifferent in the cause, another shall be called and placed in his stead for the trial of that cause. And in every ease, unless it be otherwise specially provided by law, the plaintiff and defendant may each challenge four jurors peremptorily.

Also, as a general rule, the determination of whether a juror may be biased or prejudiced is left to the discretion of the trial judge. State v. Gargiliana, 138 W.Va. 376, 76 S.E.2d 265 (1953).

In West Virginia Department of Highways v. Fisher, 170 W.Va. 7, 289 S.E.2d 213

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Cite This Page — Counsel Stack

Bluebook (online)
532 S.E.2d 37, 207 W. Va. 319, 1999 W. Va. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-chengappa-wva-1999.