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DONLEY v. BRACKEN

No. 22254.

452 S.E.2d 699 (1994)

192 W.Va. 383

Michele Lee DONLEY, an Incompetent, who Sues by Margaret Maureen Donley, Natural Parent and Next Friend of Michele Lee Donley, and Margaret Maureen Donley and Vincent W. Donley, Individually and in their Own Right, Plaintiffs Below, Appellants v. Samuel J. BRACKEN, Jr., M.D.,; John Battaglino, Jr., M.D.; Herman Rubin, M.D.; Rubin, Battaglino & Bracken, a Medical Partnership; and Wheeling Hospital, Inc., a Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1994.

Attorney(s) appearing for the Case

William E. Parsons II, Parsons, Thompson & Kelly, Wheeling, for appellants.

Landers P. Bonenberger, McDermott, Bonenberger, McDermott & Gallaway, Wheeling, for appellees Samuel J. Bracken, Jr., M.D., John Battaglino, Jr., M.D., Herman Rubin, M.D., and Rubin, Battaglino & Bracken.

James F. Companion, Patrick S. Casey, and D. Kevin Coleman, Schrader, Recht, Byrd, Companion & Gurley, Wheeling, for appellee Wheeling Hosp., Inc.

CLECKLEY, Justice:

In this medical negligence case, the appellants and plaintiffs below, Margaret Maureen Donley and Vincent W. Donley, brought suit on behalf of their daughter, Michele Lee Donley, an incompetent, for injuries Michele suffered during her delivery in May of 1970. The Donleys also filed suit for their derivative claims. They appeal an order of the Circuit Court of Ohio County entered November 16, 1993, which...

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