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KISER v. CAUDILL

No. 31614.

599 S.E.2d 826 (2004)

215 W.Va. 403

Lora D. KISER, Plaintiff Below, Appellant v. Carrel Mayo CAUDILL, M.D. Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2004.

Dissenting Opinion of Justice McGraw June 30, 2004.

Concurring Opinion of Justice Starcher July 8, 2004.

Attorney(s) appearing for the Case

John R. Mitchell, Sr., E. Dixon Ericson, John R. Mitchell, L.C., Charleston, for Appellants.

William L. Mundy, Debra A. Nelson, Mundy & Nelson, Huntington, for Appellee.

MAYNARD, Chief Justice:

This case is before this Court upon appeal of a final order of the Circuit Court of Kanawha County entered on December 5, 2002. Pursuant to that order, the circuit court granted summary judgment in favor of the appellee and defendant below, Carrell Mayo Caudill, M.D., in this medical malpractice action filed by the appellant and plaintiff below, Lora D. Kiser. In this appeal, Ms. Kiser contends that the circuit court erred by granting Dr. Caudill...

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