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O'NEIL v. CITY OF PARKERSBURG

Nos. 13708, 13758.

237 S.E.2d 504 (1977)

Mary Helen O'NEIL et al. v. The CITY OF PARKERSBURG etc., et al. Doyle H. HENDRICKSON, Administrator, etc. v. The CITY OF PARKERSBURG etc., et al.

Supreme Court of Appeals of West Virginia.

September 20, 1977.

Attorney(s) appearing for the Case

McCamic & McCamic, Jeremy C. McCamic and William E. Parsons, II, Wheeling, for appellants.

Cather & Renner, Diana Everett, Parkersburg, for appellees.

CAPLAN, Chief Justice:

In these appeals the Court is not called upon to decide questions relative to the alleged negligence of the defendants. Rather, the issue is whether the circuit court erred in dismissing the complaints as to the City of Parkersburg, the hospital and its trustees because the notice of claim, provided in W.Va.Code, 1931, 8-12-20, as amended, was not filed as required in said code provision. Thus, the sole issue, dispositive of these cases...

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