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CLARK v. DRUCKMAN

No. 32576, 32577.

624 S.E.2d 864 (2005)

218 W.Va. 427

Carolyn CLARK, M.D., Plaintiff Below, Respondent, v. William DRUCKMAN; Salsbery & Druckman, a West Virginia Partnership; Richard Lindsay; Tabor, Lindsay & Associates, a West Virginia Partnership; and Frederick Delp Defendants Below, Petitioners and Carolyn Clark, M.D., Plaintiff Below, Petitioner, v. William Druckman; Salsbery & Druckman, a West Virginia Partnership; Richard Lindsay; Tabor, Lindsay & Associates, a West Virginia Partnership; and Frederick Delp Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2005.

Attorney(s) appearing for the Case

Stephen B. Farmer, Christopher S. Arnold, Stacy A. Jacques, Farmer, Cline & Campbell, PLLC, Charleston, for William S. Druckman and Salsbery & Druckman, a West Virginia Partnership.

James S. Varner, Sr., James N. Riley, Debra Herron, McNeer, Highland, McMunn, & Varner, Clarksburg, for Richard Lindsay and Tabor Lindsay & Associates, a West Virginia Partnership.

Richard W. Stuhr, Colombo & Stuhr, Co., L.P.A., Worthington, OH, Timothy R. Linkous, Colomo & Stuhr, P.L.L.C., Morganton, for Amicus Curiae Debra Sams, D.O.

Justice BENJAMIN delivered the opinion of the Court.

BENJAMIN, Justice:

This matter is presented to us upon certified questions presented by the Circuit Court of Cabell County pursuant to W. Va.Code § 58-5-2 (1998).1 The underlying tort action arises from claims asserted by a physician against the attorneys who brought a medical malpractice action against the physician on behalf of a former patient of the physician. The certified...

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