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WINSTON v. WOOD

No. 21349.

437 S.E.2d 767 (1993)

190 W.Va. 194

Clifford WINSTON, in her capacity as Administratrix of the Estate of Willie Winston, Plaintiff Below, Appellant, v. Norman E. WOOD, D.O.; R.S. Glass, M.D., the Reynolds Memorial Hospital, Inc.; Jerry Hendrick, in His Capacity as Warden of the West Virginia State Penitentiary; A.V. Dodrill, in His Capacity as Director of the Department of Corrections of the State of West Virginia; and the West Virginia Department of Corrections, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Allan N. Karlin, Morgantown, for appellant.

Darrell V. McGraw, Jr., Atty. Gen. and Samuel P. Cook, Sr. Asst. Atty. Gen., Charleston, for Norman E. Wood, D.O., Jerry Hendrick, A.V. Dodrill and the West Virginia Dept. of Corrections.

Elliot G. Hicks, Kay, Casto, Chaney, Love & Wise, Charleston, for R.S. Glass, M.D.

PER CURIAM:

Clifford Winston, administratrix of the estate of Willie Winston, appeals the final order of the Circuit Court of Kanawha County dismissing her wrongful death suit on the grounds that it was not filed within the statutory period. On appeal, Ms. Winston notes that her complaint was received and stamped as received by the Circuit Clerk of Kanawha County on October 17, 1986, and the clerk then stamped her complaint as filed on October 21, 1986. Ms. Winston...

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