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WESTMORELAND v. VAIDYA

No. 33459.

664 S.E.2d 90 (2008)

Dr. Danny Ray WESTMORELAND, Plaintiff Below, Appellant, v. Shrikant K. VAIDYA, M.D., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 14, 2008.

Concurring Opinion of Justice Starcher July 17, 2008.

Attorney(s) appearing for the Case

Robert W. Bright, Story Law Office, Pomeroy, OH, for Appellant.

Thomas J. Hurney, Jr., Rob J. Aliff, Amber L. Hoback, Jackson Kelly, PLLC, for Appellee.

PER CURIAM.

The appellant, Danny Ray Westmoreland (hereinafter "Dr. Westmoreland"), appeals from two adverse rulings issued by the Circuit Court of Mason County. On December 13, 2006, the trial court entered an order denying Dr. Westmoreland's Rule 60(b)1 motion for reconsideration of an October 30, 2006, order that dismissed his complaint for failure to comply with the West Virginia Medical Professional Liability Act (hereinafter "MPLA...

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