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McCLOSKEY v. KANE

Record No. 040264.

604 S.E.2d 59 (2004)

268 Va. 685

Carl F. McCLOSKEY, Administrator of the Estate of John W. McCloskey v. Timothy KANE, M.D.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

John P. Fishwick, Jr. (Devon J. Munro; Jonathan M. Rogers; Lichtenstein, Fishwick & Johnson, on briefs), Roanoke, for appellant.

Randall T. Perdue (Jerry W. Kilgore, Attorney General; Edward M. Macon, Senior Assistant Attorney General; Catherine Crooks Hill, Assistant Attorney General; Timberlake, Smith, Thomas & Moses, on brief), Staunton, for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and STEPHENSON, S.J.

OPINION BY Senior Justice ROSCOE B. STEPHENSON, Jr.

In this appeal, we decide whether the trial court erred in dismissing the plaintiff's negligence action based upon the doctrine of sovereign immunity.

I

Carl F. McCloskey, Administrator of the Estate of John W. McCloskey (the Plaintiff), filed a wrongful death action against Timothy Kane, M.D. (the Defendant), alleging that John W. McCloskey (the Decedent...

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