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STATE EX REL. W.VA. UNIV. HOSP. v. GAUJOT

No. 21-0458.

886 S.E.2d 346 (2023)

STATE EX REL. WEST VIRGINIA UNIVERSITY HOSPITALS, INC., West Virginia University Board of Governors, Allison Tadros, M.D., and Rachel Polinski, M.D., Defendants Below, Petitioners v. Hon. Phillip D. GAUJOT, Judge of the Circuit Court of Monongalia County, and Rebecca Morris, Administratrix of the Estate of Bryan Morris, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: March 31, 2023.

Attorney(s) appearing for the Case

Christine S. Vaglienti, Esq. , Melissa K. Oliverio, Esq. , West Virginia United Health System, Inc., Morgantown, West Virginia Counsel for Petitioner West Virginia University Hospitals, Inc.

Timothy R. Linkous, Esq. , Linkous Law, PLLC, Morgantown, West Virginia, Counsel for Petitioners West Virginia University Board of Governors, Allison Tadros, M.D., and Rachel Polinski, M.D.

Arden J. Curry, II, Esq. , Pauly Curry, PLLC, Charleston, West Virginia, Counsel for Respondent.

West Virginia University Hospitals (WVUH) was sued by the estate of Bryan Morris for the alleged negligence of two emergency room physicians — one resident and one faculty physician — on a theory of ostensible agency. WVUH does not employ those physicians; rather they are employees of the West Virginia University...

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