WITHROW v. WV UNIVERSITY HOSPITALS, INC.

No. 30463.

576 S.E.2d 527 (2002)

213 W.Va. 48

Jerry and Kathy WITHROW, Natural Parents and Guardians of Rebekah Lynn Withrow, a Minor, and Jerry Withrow, Individually, and Kathy Withrow, Individually, Plaintiffs Below, Appellants v. WEST VIRGINIA UNIVERSITY HOSPITALS, INC., a West Virginia Corporation, d/b/a Ruby Memorial Hospital, and the University of West Virginia Board of Trustees, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2002.

Dissenting Opinion of Justice Starcher December 10, 2002.


Attorney(s) appearing for the Case

Joshua I. Barrett, L. Dante DiTrapano, Mary S. Blaydes, DiTrapano, Barrett & DiPiero, and Richard D. Lindsay, Tabor, Lindsay & Associates, Charleston, for the Withrows.

Stephen R. Brooks, Christine S. Vaglienti, Flaherty, Sensabaugh & Bonasso, Morgantown, for West Virginia University Hospitals, Inc.


PER CURIAM:

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on August 6, 2001. In that order, the circuit court granted summary judgment in favor of the appellee and defendant below, West Virginia University Hospitals, Inc., a West Virginia corporation, d/b/a Ruby Memorial Hospital (hereinafter "WVUH"), in this medical malpractice action filed by the appellants...

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