West Virginia Department of Highways v. Fisher

In West Virginia Department of Highways v. Fisher, 170 W.Va. 7, 289 S.E.2d 213 (1982), the Court awarded the West Virginia Department of Highways a new trial in an eminent domain action because several prospective jurors had been, or were at the time of trial, patients of the landowner physician. Reasoning that the physician-patient relationship is a special relationship in which there is a respect for the reliability of statements communicated by the physician to the patient, the Court said: "Special care should be taken by the trial judge to ascertain, pursuant to W.Va. Code, 56-6-12 1931, that such a prospective juror is free from bias or prejudice."