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STATE EX REL. HAMRICK v. STUCKY

No. 33195.

640 S.E.2d 243 (2006)

STATE of West Virginia ex rel. R.E. HAMRICK, Jr., M.D., Petitioner v. The Honorable James C. STUCKY, Judge of the Circuit Court of Kanawha County, Charleston Area Medical Center, a West Virginia Corporation, David Ramsey, Individually and in His Capacity as President and CEO of CAMC, Glenn Crotty, M.D., Individually and in His Capacity as Chief Operating Officer of CAMC, Elizabeth L. Spangler, M.D., Individually and in Her Capacity as Vice President of Medical Affairs at CAMC, and Franklin S. Fragale, Jr., Discovery Commissioner, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 30, 2006.

Dissenting Opinion of Justice Starcher December 13, 2006.

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

Attorney(s) appearing for the Case

Karen H. Miller, Richard W. Walters, Miller, Weiler & Walters, Charleston, WV, for Petitioner.

K. Paul Davis, Spilman, Thomas & Battle, PLLC, Charleston, WV, for Charleston Area Medical Center.

James W. Cagle, Jr., Charleston, WV, for Glenn Crotty, M.D.

Benjamin L. Bailey, Bailey & Glasser, Charleston, WV, for Elizabeth Spangler, M.D.

Jeffrey M. Wakefield, Flaherty, Sensabaugh & Bonasso, PLLC, Charleston, WV, for David Ramsey, CEO of CAMC.

William J. Charnock, Kanawha County Prosecuting Attorney, Charleston, WV, for The Honorable James C. Stucky.

Franklin S. Fragale, Jr., discovery commissioner, Charleston, WV.

MAYNARD, Justice:

This case is before this Court upon a petition for a writ of prohibition filed by the petitioner, Dr. R.E. Hamrick, Jr., against the respondents, the Honorable James C. Stucky, Judge of the Circuit Court of Kanawha County; David Ramsey, individually and in his capacity as President and CEO of Charleston Area Medical Center (CAMC); Glenn Crotty, M.D., individually and in his capacity as Chief Operating Officer of CAMC; Elizabeth L. Spangler, M.D....

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