Cases

Jerry Goldizen and Bill Goldizen v. Grant County Nursing Home

Case Number:
34888
Case Date:
30-03-2010
Case Issue:

Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant given plaintiffs' failure to timely name an expert witness pursuant to the requirements of W.Va. Code ยง55-7B-7 (2008) in this medical malpractice case involving death. Plaintiffs contend that the circuit court erred in denying their motion to vacate the scheduling order and grant a continuance of the trial and in sanctioning plaintiffs for their failure to comply with a Rule 16 scheduling order, all of which resulted in the erroneous entry of summary judgment in favor of defendant. Plaintiffs seek a reversal and a remand for further proceedings to allow the matter to proceed to trial.