KISER v. CAUDILL

No. 28402.

557 S.E.2d 245 (2001)

210 W.Va. 191

Lora D. KISER, Plaintiff Below, Appellant v. Carrel Mayo CAUDILL, M.D., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 16, 2001.

Concurring and Dissenting Opinion of Justice Starcher July 9, 2001.


Attorney(s) appearing for the Case

John R. Mitchell, Sr., Esq., E. Dixon Ericson, Esq., John R. Mitchell, L.C., Noelle A. Starek, Esq., White & Starek, Charleston, for Appellant.

William L. Mundy, Esq., Debra A. Nelson, Esq., Mundy & Adkins, Huntington, for Appellee.


PER CURIAM.

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on October 20, 1999. In that order, the circuit court granted judgment as a matter of law in favor of the appellee and defendant below, Carrel Mayo Caudill, M.D. (hereinafter "appellee"), in this medical malpractice action filed by the appellant and plaintiff below, Lora D. Kiser (hereinafter "appellant...

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