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RICHARDSON v. KENNEDY

No. 22779.

475 S.E.2d 418 (1996)

197 W.Va. 326

Joseph RICHARDSON, Personal Representative of the Estate of Richard Walter Richardson, Appellant, v. George KENNEDY, M.D., and Charles Town General Hospital, Inc., dba Jefferson Memorial Hospital, Appellees.

Supreme Court of Appeals of West Virginia.

Decided July 5, 1996.

Attorney(s) appearing for the Case

William R. DeHaven, Martinsburg, for Appellant.

Charles F. Printz, Jr., Kimberly S. Croyle, Bowles Rice McDavid Graff & Love, Martinsburg, for Appellee Kennedy.

P. Gregory Haddad, Steptoe & Johnson, Morgantown, Curtis G. Power, III, Steptoe & Johnson, Martinsburg, for Appellee Jefferson Memorial.

RECHT, Justice:

We are asked to review the dismissal of a wrongful death action which was brought in the names of (1) the personal representative whose authority had arguably terminated at the time the action was filed; and (2) the widow of the decedent. The Circuit Court of Jefferson County dismissed the cause of action brought by Joseph Richardson, as personal representative of his deceased brother Richard Walter Richardson, upon the defendant's assertion that the...

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