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ESTATE OF FOUT-ISER v. HAHN

No. 33189.

649 S.E.2d 246 (2007)

The ESTATE OF Alexia Sheree FOUT-ISER, by Maranda L. FOUT-ISER, Fiduciary; Maranda L. Fout-Iser, Individually; and Jeremy T. Iser, Individually, Plaintiffs Below, Appellants v. John L. HAHN, M.D.; Thomas Joseph Schmitt, M.D.; Myung-Sup Kim, M.D.; Grant Memorial Hospital; Regional Healthcare Center; Potomac Valley Hospital of W.Va., Inc., a Corporation; and John Doe, Fiduciary of the Estate of Russell Rhee, M.D., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: May 21, 2007.

Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Esq., Robert J. Fitzsimmons, Esq., Fitzsimmons Law Offices, Wheeling, for the Appellants.

Thomas J. Hurney, Jr., Esq., Matthew A. Nelson, Esq., Jackson & Kelly, PLLC, Charleston, for the Appellees.

MAYNARD, Justice.

In this case, the Circuit Court of Mineral County entered a summary judgment order dismissing a medical malpractice action filed by the Estate of Alexia Sheree Fout-Iser, by Maranda L. Fout-Iser as fiduciary and individually, and Jerry T. Iser, the appellants and plaintiffs below (hereinafter referred to as "the Isers"). The circuit court granted summary judgment to Anita M. Rhee, Administratrix of the Estate of Russell Rhee, appellee and defendant...

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