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CLINE v. KRESA-REAHL

No. 11-0351.

728 S.E.2d 87 (2012)

Loretta CLINE, Executrix of the Estate of Henry Cline, Plaintiff Below, Petitioner v. Kiren Jean KRESA-REAHL, M.D., Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 29, 2012.

Attorney(s) appearing for the Case

Richard D. Lindsay, Esq. , Matthew C. Lindsay, Esq. , Tabor Lindsay & Associates, Charleston, WV, for Petitioner.

Barry M. Taylor, Esq. , Matthew L. Williams, Esq. , Jenkins Fenstermaker, PLLC, Huntington, WV, for Respondent.

WORKMAN, Justice:

Petitioner, Loretta Cline, Executrix of the Estate of Henry Cline, appeals from the circuit court's dismissal of her complaint pursuant to West Virginia Rule of Civil Procedure 12(b)(1) and 12(b)(6). In her complaint, petitioner alleges, in part, that respondent, Dr. Kiren Jean Kresa-Reahl, negligently failed to advise her decedent of the availability of certain medications to treat his stroke. Prior to filing her complaint, petitioner refused to...

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