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STATE EX REL. MILLER v. STONE

No. 31755.

607 S.E.2d 485 (2004)

216 W.Va. 379

STATE of West Virginia ex rel. Elizabeth Ann MILLER, Individually, and as Administratrix of the Estate of Rachel M. Miller, Deceased, Petitioner v. The Honorable Robert B. STONE, Judge of the Circuit Court of Monongalia County, West Virginia; and West Virginia University Board of Governors, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2004.

Dissenting Opinion of Justice Starcher December 23, 2004.

Attorney(s) appearing for the Case

Monty L. Preiser, Charleston, for Elizabeth Ann Miller.

William E. Galeota, Nancy A. Defeo, Rodney L. Bean, Steptoe & Johnson, Morgantown, for West Virginia Board of Governors.

PER CURIAM:

Petitioner, Elizabeth Ann Miller, individually, and as administratrix of the estate of her deceased daughter, Rachel M. Miller, seeks a writ of prohibition1 to prevent the enforcement of the October 1, 2003, order of the Circuit Court of Monongalia County ruling that Petitioner's medical malpractice claim is governed by the amended version of the Medical Professional Liability Act, W.Va.Code § 55-7B-1 to 55-7B-11, which...

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