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ANDERSON v. KUNDURU

No. 31628.

600 S.E.2d 196 (2004)

215 W.Va. 484

Margaret ANDERSON, as Personal Representative and Administratrix of the Estate of Matthew Sean Walker, deceased Plaintiff Below, Appellant, v. Chandrasekhar KUNDURU, M.D., Prakob Srichai, M.D., Vellaiappan Soma, M.D., Appalachian Regional Healthcare, Inc., d/b/a Man Appalachian Regional Hospital, Charleston Area Medical Center, Inc., and Manuel Caceras, M.D., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Filed: July 6, 2004.

Attorney(s) appearing for the Case

David S. Skeen, Esq., South Charleston, for Appellant.

Dina M. Mohler, Esq., Charleston, for Appellee Charleston Area Medical Center, Inc.

Kevin A. Nelson, Esq., Robert P. Welsh, Esq., Kay Casto & Chaney, PLLC, Charleston, for Appellee Caceres.

Debra A. Nelson, Esq., Mundy & Nelson, Huntington, for Appellees Kunduru and Srichai.

Ann L. Haight, Esq., Kay, Casto & Chaney, PLLC, Charleston, for Appellee Appalachian Regional Healthcare, Inc.

PER CURIAM.

In this appeal from the Circuit Court of Logan County, we are asked to examine a situation where an attorney failed to produce the report of an expert designated as a witness in a medical malpractice trial. The attorney's failure resulted from the ineffectiveness of the attorney, not his client. The circuit court, however, imposed sanctions against the client in the form of an order striking the testimony of the expert witness, and later an order granting...

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