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ROSE v. THOMAS MEMORIAL HOSP. FOUNDATION

No. 26603.

541 S.E.2d 1 (2000)

Patsy L. ROSE, Plaintiff Below, Appellant, v. THOMAS MEMORIAL HOSPITAL FOUNDATION, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 14, 2000.

Concurring Opinion of Justice Starcher June 28, 2000.

Dissenting Opinion of Justice McGraw January 16, 2001.

Attorney(s) appearing for the Case

Robert G. Wolpert, Esquire, Charleston, for Plaintiff.

Thomas J. Hurney, Esquire, Karen M.R. Weber, Esquire, Jackson & Kelly, Charleston, for Defendant.

PER CURIAM.

This is an appeal by Patsy Rose (hereinafter "Appellant") from a January 6, 1999, order of the Circuit Court of Kanawha County denying the Appellant's motion to vacate a May 1, 1998, order dismissing with prejudice her amended complaint against the "Herbert J. Thomas Memorial Hospital Association" (hereinafter "hospital" or "Appellee"). The Appellant contends that the lower court erred in denying the motion to...

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