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GRAHAM v. WALLACE

No. 27380.

538 S.E.2d 730 (2000)

Jessie L. GRAHAM, Plaintiff below, Appellee, v. David A. WALLACE, D.D.S., M.S., Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 12, 2000.

Dissenting Opinion of Justice Starcher July 20, 2000.

Attorney(s) appearing for the Case

Kathryn Reed Bayless, Esq., Bayless & McFadden, Princeton, West Virginia, Mark R. Staun, Esq., The Segal Law Firm, Charleston, West Virginia, Attorneys for Appellee.

Ancil G. Ramey, Esq., Darrell E. Baker, Jr., Esq., Steptoe & Johnson, Charleston, West Virginia, Attorneys for Appellant.

PER CURIAM:

I.

This is a medical malpractice case where a jury rendered a verdict for the plaintiff/appellee, Jessie L. Graham, against the defendant/appellant, Dr. David A. Wallace, an oral surgeon. The gravamen of the plaintiff's claim was that Dr. Wallace had been negligent in installing an implant in the plaintiff's jaw — specifically in his temporomandibular joint ("TMJ") — to attempt to alleviate the plaintiff's severe head pain.

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