MARKS v. WATTERS

No. 02-1486.

322 F.3d 316 (2003)

Grover MARKS, the Administrator of the Estates of Elaine Cleavenger and Jamie Cleavenger and Co-Administrator of the Estate of Robert Cleavenger; Dawn Lynn Kisner, Co-Administrator of the Estate of Robert Cleavenger; Roseanna Marks, as Legal Guardian of Jessie Cleavenger, Plaintiffs-Appellants, v. Shelley WATTERS; Managed Care Services Mainstay Of Central Pennsylvania, Incorporated, Defendants-Appellees, and West Virginia Department of Health and Human Resources; William R. Sharpe, Jr. Hospital; Ahmed Aboraya, M.D.; Safiullah Syed, M.D.; Richard Seime; Coventry Health Care Management Corporation, D/B/A Health Assurance; West Virginia University, Board of Trustees, A Corporation; West Virginia University School of Medicine, Department of Behavioral Medicine And Psychiatry; West Virginia University Hospitals Incorporated, A Corporation;Ramsay Health Care, Incorporated; Psychiatric Institute of West Virginia, D/B/A Chestnut Ridge Behavioral Health Systems; Jack Clohan; Abe Adel, M.D.; Scott Pollard, M.D.; Madonna Roach, R.N.; Florence Hatton; Great-West Life & Annuity Insurance Company; Coventry Health & Life Insurance Company, D/B/A Health Assurance, Formerly Known As American Service Life Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2003.


Attorney(s) appearing for the Case

ARGUED: Mary Donne Peters, Gorby, Reeves, Peters & Burns, P.C., Atlanta, Georgia, for Appellants. Thomas V. Flaherty, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Appellees. ON BRIEF: James W. Standard, Jr., Gorby, Reeves, Peters & Burns, P.C., Atlanta, Georgia, for Appellants. Nathaniel K. Tawney, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Appellees.

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

After his release from an inpatient mental healthcare facility, Robert Cleavenger murdered his wife and daughter, injured his son, and then committed suicide. The representatives of Cleavenger and his family filed a broad complaint for damages against all of the healthcare providers involved in Cleavenger's care, as well...

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