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POSTLEWAIT v. OHIO VALLEY MEDICAL CENTER

No. 31406.

591 S.E.2d 226 (2003)

214 W.Va. 668

The ESTATE OF Robert L. POSTLEWAIT, by Eric POSTLEWAIT, Fiduciary, Plaintiffs Below, Appellee, Karen L. Postlewait, Appellant, v. OHIO VALLEY MEDICAL CENTER, INC., a Corporation, et al., Defendants Below, Appellees, and Ohio Valley Medical Center, Inc., a Corporation, Third Party Plaintiff Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2003.

Dissenting Opinion of Justice Maynard December 8, 2003.

Concurring Opinion of Chief Justice Starcher December 12, 2003.

Attorney(s) appearing for the Case

R. Gregory McDermott, Jeffrey A. Holmstrand, McDermott & Bonenberger, PLLC, Wheeling, for the Appellant, Karen L. Postlewait.

J. Thomas Madden, II, Madden Law Offices, Glen Dale, for the Appellee, Eric Postlewait.

Robyn Ruttenberg, Wheeling, for the Appellee, Louise Postlewait.

Robert P. Fitzsimmons, Don A. Yannerella, Michael C. Alberty, Marshall C. Spradling, Wheeling, for the Appellee, Estate of Robert L. Postlewait.

ALBRIGHT, Justice:

Appellant Karen L. Postlewait, widow of Robert L. Postlewait, appeals from the October 17, 2002, order of the Circuit Court of Ohio County wherein the trial court refused to approve her entitlement to settlement funds pursuant to a distribution agreement reached in the wrongful death cause of action filed in connection with Mr. Postlewait's death.

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