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DAVIS v. MOUND VIEW HEALTH CARE, INC.

No. 33104.

640 S.E.2d 91 (2006)

Sarina L. DAVIS, Administratrix of the Estate of Elizabeth K. Weston, deceased Plaintiff Below, Appellant, v. MOUND VIEW HEALTH CARE, INC., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: November 9, 2006.

Attorney(s) appearing for the Case

Ronald Wm. Kasserman, Kasserman & Bowman, PLLC, Wheeling, for Appellant.

Charles R. Bailey, Robert P. Martin, Jason A. Winnell, Bailey & Wyant, PLLC, for Appellee.

Thomas J. Hurney, Jr., Gretchen M. Callas, Jackson Kelly, PLLC, Charleston, for Amicus Curiae West Virginia Mutual Insurance Company.

BENJAMIN, Justice.

In challenging the constitutionality of the pre-suit notice of claim provisions set forth in West Virginia Code § 55-7B-6 (2003),1 Appellant, Sarina L. Davis, asks this Court to reverse the November 3, 2005, order entered by the Circuit Court of Marshall County which dismissed her medical malpractice action for failure to comply with statutory mandates. In light of this Court's longstanding policy of not addressing...

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