Mark Mikesinovich, Executor. v. Reynolds Memorial Hospital, Inc.

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This is an appeal by the Plaintiff below from the circuit court's order denying his motion for a new trial following an adverse jury verdict in a medical negligence action against the Hospital.   Appellant’s mother was a patient at the Hospital when she fell and broke her hip while being assisted by a nurse.   Appellant argues the trial court erred in refusing to strike certain jurors with disqualifying bias identified in the juror questionnaire and asks, does a party have a right to try a case to a fair and unbiased jury?   The Hospital argues the fall was through no fault of the nurse or the Hospital, as is supported by the jury verdict, which had nothing to do with the composition of the jury.   The Hospital states the plaintiff failed to prove its case.   Additionally, the Hospital argues that the plaintiff invited the error now complained of by insisting on using a juror questionnaire regarding medical malpractice liability crisis in West Virginia, precluding reversal.   Finally, the Hospital argues that the voir dire of prospective jurors supports their freedom of bias or prejudice and the jury returned a verdict based on the law and evidence.