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ELMORE v. TRIAD HOSPITALS, INC.

No. 33006.

640 S.E.2d 217 (2006)

Larry D. ELMORE, Individually and as Administrator of the Estate of Dorothy Mae Elmore, Deceased, Plaintiff Below, Appellant v. TRIAD HOSPITALS, INC., a Delaware Corporation, d/b/a Greenbrier Valley Medical Center; John M. Johnson, D.O.; and BJSM Med, Inc., a West Virginia Corporation, Defendants Below Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2006.

Concurring and Dissenting Opinion of Justice Benjamin December 14, 2006.

Attorney(s) appearing for the Case

Julie N. Garvin, Robert P. Welsh, Masters & Taylor, Charleston, for the Appellant.

Barry M. Taylor, Max L. Corley, III, Jenkins Fenstermaker, PLLC, Huntington, for the Appellee, John M. Johnson, D.O.

PER CURIAM:

This case involves the appeal by Larry D. Elmore (hereinafter referred to as "Appellant"), individually and as administrator of the estate of Dorothy Mae Elmore, of the June 16, 2005, order of the Circuit Court of Greenbrier County by which his medical malpractice complaint against John M. Johnson, D.O. (hereinafter referred to as "Appellee")1 was dismissed without prejudice. Appellant alleges that the lower court incorrectly...

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