381 F2d 344 Kelly v. Chillag

381 F.2d 344

Mary M. KELLY and Leo Kelly, Appellants,
v.
Edwin CHILLAG and Holden Hospital, Inc., a corporation, Appellees.

No. 11285.

United States Court of Appeals Fourth Circuit.

Argued June 21, 1967.

Decided July 26, 1967.

Rudolph L. Di Trapano, Charleston, W. Va. (Thomas P. Maroney, and Di Trapano & Mitchell, on brief), for appellants.

Wilson Anderson, Charleston, W. Va. (Carl F. Stucky, Jr., and Steptoe & Johnson, Charleston, W. Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

PER CURIAM.

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1

The plaintiff has appealed from a judgment entered in her favor in her action for malpractice against a surgeon. Her principal complaint is the withdrawal from the jury of the question of punitive damages.

2

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.

3

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.

4

Affirmed.