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PENNINGTON v. BEAR

No. 23869.

488 S.E.2d 429 (1997)

200 W.Va. 154

Brenda PENNINGTON, Executrix of the Estate of William Pennington, Appellant v. Robert S. BEAR, D.O.; Bluefield Regional Medical Center, Inc., a Non-Profit West Virginia Corporation; Bluefield Health Systems, Inc., a Non-Profit West Virginia Corporation; and Professional Imaging, Inc., a West Virginia Corporation, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 9, 1997.

Dissenting Opinion of Chief Justice Workman July 14, 1997.

Rehearing Refused July 15, 1997.

Attorney(s) appearing for the Case

Michael F. Gibson, Princeton, for Appellant.

William L. Mundy, Mundy & Adkins, Huntington, for Appellee Bear.

Wayne L. Evans, Katz, Kantor & Perkins, Bluefield, for Appellees Bluefield Regional Medical Center, Inc., and Bluefield Health Systems, Inc.

Kelly D. Ambrose, Jacobson, Maynard, Tuschman & Kalur Charleston, for Appellee Professional Imaging, Inc.

MAYNARD, Justice:

The appellant, Brenda Pennington, appeals the November 17, 1995, Order of the Circuit Court of Mercer County, West Virginia, granting the motion for summary judgment of appellee, Professional Imaging, Inc., on the ground that her claim for the wrongful death of her husband was time-barred.

On January 4, 1993, William Pennington, the husband of appellant, Brenda Pennington, was accepted as a patient at Bluefield Regional Medical Center (BRMC...

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