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STATE EX REL. SUTTON v. SPILLERS

No. 19002.

382 S.E.2d 570 (1989)

STATE ex rel. Thomas P. SUTTON, Administrator of the Estate of David R. Sutton, II v. Honorable George L. SPILLERS, Judge of the Circuit Court of Ohio County and Erdogan Baysal, M.D.

Supreme Court of Appeals of West Virginia.

July 13, 1989.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, William E. Parsons, II, Fitzsimmons & Parsons, L.C., Wheeling, for Sutton.

R. Noel Foreman, Bachmann, Hess, Bachmann & Garden, Wheeling, for Baysal.

BROTHERTON, Chief Justice:

This petition for a writ of prohibition revolves around a malpractice suit filed by Thomas P. Sutton as a result of the death of his brother, David R. Sutton, II. David Sutton died on December 25, 1983, at Reynolds Memorial Hospital due to respiratory failure as a result of pneumonia. The appellant, Thomas Sutton, filed suit against the three physicians involved in his brother's care, Rex Lasure, M.D., and Michael W. Blatt, M.D., who were...

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