BRADSHAW v. SOULSBY

No. 29004.

558 S.E.2d 681 (2001)

210 W.Va. 682

Patricia Lou BRADSHAW, Administratrix of the Estate of James J. Bradshaw and Patricia Lou Bradshaw, individually, Plaintiff Below, Appellant, v. David L. SOULSBY, M.D., A.C. Velasquez, M.D., Alberto C. Lee, M.D., and Kenneth McNeil, M.D., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2001.

Dissenting Opinion of Justice Maynard December 12, 2001.


Attorney(s) appearing for the Case

Sean P. McGinley, Esq., L. Dante DiTrapano, Esq., Mary Sadd Blaydes, Esq., DiTrapano, Barrett & DiPiero, PLLC, Charleston, for the Appellant.

Jeffrey M. Wakefield, Esq., Elizabeth S. Cimino, Esq., Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, for Appellee David L. Soulsby, M.D.

Sprague W. Hazard, Esq., Charleston, for Appellee A.C. Velasquez, M.D.

Thomas J. Hurney, Esq., Rob J. Aliff, Esq., Jackson & Kelly, PLLC, Charleston, for Appellee Alberto C. Lee, M.D.

D.C. Offutt, Jr., Esq., Offutt, Fisher & Nord, Huntington, for Appellee Kenneth McNeil, M.D.


STARCHER, Justice.

In this appeal from the Circuit Court of Kanawha County, the appellant challenges the circuit court's dismissal of her wrongful death action. The circuit court ruled that the discovery rule does not apply to toll the 2-year statute of limitation in wrongful death actions, and concluded that the appellant's lawsuit—which was filed 2 years and 3 days after the decedent's death—was untimely...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases