MACK-EVANS v. HILLTOP HEALTHCARE CENTER

No. 35338.

700 S.E.2d 317 (2010)

Annie MACK-EVANS, as Personal Representative of the Estate of Mamie Mack, Plaintiff Below, Appellant v. HILLTOP HEALTHCARE CENTER, INC., d/b/a Hilltop Center, a/k/a Hilltop Healthcare and Rehabilitation Center; Genesis Healthcare Corporation; Genesis Eldercare Corporation; Genesis Health Ventures of West Virginia, LP; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc.; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; and Oak Hill Hospital Corporation, d/b/a Plateau Medical Center, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided September 16, 2010.


Attorney(s) appearing for the Case

Harry F. Bell, Jr. , Andrew L. Paternostro , Robert W. Absten , The Bell Law Firm, for Appellant.

Amy L. Rothman , W.E. Sam Fox, II , Briana J. Marino , Flaherty Sensabaugh Bonasso, Charleston, WV, for Appellee, Oak Hill Hospital.


DAVIS, Chief Justice:

This appeal was brought by Annie Mack-Evans, as personal representative of the estate of Mamie Mack, appellant/plaintiff below (hereinafter referred to as "Ms. Evans"), from an order of the Circuit Court of Fayette County granting summary judgment in favor of Oak Hill Hospital Corporation, appellee/defendant below (hereinafter "the Hospital"). The sole issue presented in this appeal is whether the circuit court was correct in finding that the...

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