Huntington Eye Associates v. LoCascio
In Huntington Eye Associates v. LoCascio, W.Va. , 553 S.E.2d 773 (2001), the Court returned to a plaintiff a jury's verdict worth, with interest, nearly a million dollars -- and the plaintiff was a doctor suing another doctor for breach of contract.
The plaintiff doctor said he had an agreement that the defendant doctor would either work for him, or in the alternative, would not open an office within 50 miles of the plaintiff's office for 2 years.
The defendant doctor said the plaintiff was routinely committing Medicare fraud by performing unnecessary surgery, and so left the plaintiff's employ to open an office less than 2 miles away.
The Court held that on these disputed positions, a jury was best equipped to decide which doctor was in the right, and which remedy would best compensate the offended doctor.