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FORSHEY v. JACKSON

No. 33834.

671 S.E.2d 748 (2008)

Paul E. FORSHEY and Melissa L. Forshey, Plaintiffs Below, Appellants, v. Theodore A. JACKSON, MD, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 19, 2008.

Dissenting Opinion of Justice Starcher December 30, 2008.

Concurring Opinion of Justice Benjamin January 9, 2009.

Attorney(s) appearing for the Case

Mark F. Underwood, Underwood & Proctor Law Offices, Huntington, for the Appellants.

Robert J. D'Anniballe, Jr., Pietragallo Gordon Afano Bosick & Raspanti, LLP, Weirton, for the Appellee.

DAVIS, Justice.1

Paul E. Forshey and his wife Melissa, appellants herein and plaintiffs below (hereinafter collectively referred to as "the Forsheys"), appeal an order of the Circuit Court of Kanawha County that dismissed their malpractice action against Dr. Theodore A. Jackson, M.D., appellee herein and defendant below (hereinafter referred to as "Dr. Jackson"), as having been untimely filed. The Forsheys urge this Court to adopt the...

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