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DANIEL v. CHARLESTON AREA MED. CENTER, INC.

No. 28463.

544 S.E.2d 905 (2001)

209 W.Va. 203

Edward L. DANIEL, Plaintiff Below, Appellant, v. CHARLESTON AREA MEDICAL CENTER, INC., A West Virginia Corporation, and John Doe, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 8, 2001.

Dissenting Opinion of Justice Davis March 8, 2001.

Attorney(s) appearing for the Case

John R. Mitchell, Sr., E. Dixon Ericson, John R. Mitchell, L.C., Charleston, West Virginia, Attorneys for the Appellant.

Crystal S. Stump, Swartz & Stump, L.C., Charleston, West Virginia, Attorney for the Appellee.

ALBRIGHT, Justice:

Appellant Edward M. Daniel appeals from the April 5, 2000, decision of the Circuit Court of Kanawha County, granting summary judgment to Appellee Charleston Area Medical Center, Inc. ("CAMC") in a negligence action through which Appellant alleges injuries resulting from a wheelchair in disrepair. Appellant asserts that the trial court failed to permit him an opportunity required by the provisions of the West Virginia Medical Professional Liability...

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