STATE EX REL. BIERMAN v. NEILL

No. SC 84306.

90 S.W.3d 464 (2002)

STATE ex rel. Rebecca BIERMAN, Thomas Chida and United Behavioral Health, Inc., Relators, v. The Honorable Margaret M. NEILL, Judge, Division 1, Circuit Court of City of St. Louis, Respondent.

Supreme Court of Missouri, En Banc.

December 10, 2002.


Attorney(s) appearing for the Case

Allen D. Allred, Jeffrey R. Fink, St. Louis, for Relators.

Gregory T. Mueller, St. Louis, for Respondent.


STEPHEN N. LIMBAUGH, JR., Chief Justice.

Relators/defendants filed this petition for writ of prohibition in the wake of State ex rel. Linthicum v. Calvin, 57 S.W.3d 855 (Mo. banc 2001), seeking, on the ground of improper venue, to prohibit respondent from proceeding with an underlying medical malpractice case in St. Louis City.

On April 13, 2001, plaintiff, Patrick W. Diven, brought the malpractice suit in St. Louis...

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