KINCAID v. SOUTHERN WEST VIRGINIA CLINIC

No. 23073.

475 S.E.2d 145 (1996)

197 W.Va. 145

Danny KINCAID, Administrator of the Estate of Sandra G. Kincaid, Plaintiff Below, Petitioner v. SOUTHERN WEST VIRGINIA CLINIC, INC., a Corporation; Tony G. Bazi, M.D.; Joseph A. Maiolo, M.D.; Marcia Bohn Khalil, M.D.; S. Bembalker, M.D.; N. Mullins, M.D.; Anthony Dinh, M.D.; and Raleigh General Hospital, Inc., a Corporation, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1996.


Attorney(s) appearing for the Case

Harry G. Camper, Jr., Richard E. Hardison, Beckley, for Petitioner.

Sprague W. Hazard, Jacobson, Maynard, Tuschman & Kalur, Charleston, for Southern West Virginia Clinic, Dr. Bazi, Dr. Maiolo, Dr. Khalil, Dr. Bembalker, and Dr. Mullins.

Paul L. Weber, Richard L. Earles, Shuman, Annand & Poe, Charleston, for Dr. Dinh.


PER CURIAM.

The Appellant, Danny Kincaid, instituted this personal injury action on March 31, 1993, alleging that the Appellees, Southern West Virginia Clinic, Inc., Raleigh General Hospital, Inc., and several named physicians, had failed to diagnose and treat his wife, who died of Hodgkins lymphoma on November 24, 1992. The Circuit Court of Raleigh County dismissed the action on August 1, 1994, for repeated failure by the Appellant's attorney to comply with discovery...

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