WEST VIRGINIA INS. GUAR. ASS'N v. POTTS

No. 31033.

589 S.E.2d 216 (2003)

214 W.Va. 332

The WEST VIRGINIA INSURANCE GUARANTY ASSOCIATION, an Unincorporated Legal Entity, Plaintiff Below, Appellee v. Marlyn L. POTTS, Alan K. Potts, Stacey Potts, Erin Potts, Kristen Potts, Robert L. Cross, M.D., and Thoracic & Cardiovascular Surgery, Inc., a Corporation, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Filed: October 31, 2003.

Dissenting Opinion of Justice McGraw December 10, 2003.


Attorney(s) appearing for the Case

Cheryl Lynne Connelly, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for the Appellee.

Scott S. Blass, James B. Stoneking, Bordas & Bordas, PLLC, Wheeling, for the Appellants.


PER CURIAM:

This is an appeal by Marlyn L. Potts, Alan N. Potts, Stacey Potts, Erin Potts, and Kristen Potts (hereinafter "Appellants" or "Potts family") from a December 31, 2001, order of the Circuit Court of Ohio County. The underlying civil action, a medical malpractice claim against Dr. Robert Cross and Thoracic and Cardiovascular Surgery, Inc. (hereinafter "medical defendants"), was previously before this Court in West Virginia Insurance Guaranty Association...

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