Kiser v. Caudill, M.D. (dissenting)
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No. 31614 - Kiser v. Caudill FILED June 30, 2004 McGraw, Justice, dissenting: released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent to the majority opinion because it deprives the plaintiff of her day in court. This case has been working its way through the system for a dozen years but has yet to reach a jury. Our law strongly favors a decision on the merits by a jury of one s peers: [T]he juror is an integral part of our democratic ideal, representing the conscience of the community. Roberts v. Stevens Clinic Hospital, Inc., 176 W. Va. 492, 513, 345 S.E.2d 791, 813 (1986) (McGraw, J., dissenting). Because the majority decision denies the plaintiff any opportunity to present this case to a jury, I must respectfully dissent.
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