HARRISON v. SELTZER

No. 14708.

268 S.E.2d 312 (1980)

Naomi J. HARRISON, Administratrix of the Estate of Raymond S. Neal v. Dr. Joseph P. SELTZER.

Supreme Court of Appeals of West Virginia.

July 15, 1980.


Attorney(s) appearing for the Case

Burgess & Sloan, Leland T. Sloan and Bennett R. Burgess, St. Albans, for appellant.

Steptoe & Johnson and Wilson Anderson, Charleston, for appellee.


MILLER, Justice:

This appeal from a summary judgment involves the question of whether the trial court correctly applied our "discovery rule," which permits a tolling of the usual statute of limitations period, in this medical malpractice case.

The appellant, Naomi J. Harrison, is the administratrix of the estate of Raymond S. Neal, the original plaintiff in this action, and she was substituted as party plaintiff when Mr. Neal died. On September 10, 1976, in...

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