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STATE EX REL. KHOURY v. CUOMO

No. 15-0852.

783 S.E.2d 849 (2016)

STATE of West Virginia ex rel. Rajai T. KHOURY, M.D., and Khoury Surgical Group, Inc., Petitioners, v. The Honorable Jason A. CUOMO, Judge of the Circuit Court of Ohio County, and Nicole A. Scarcelli, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 10, 2016.

Attorney(s) appearing for the Case

David S. Givens, Esq. , Nathaniel K. Tawney, Esq. , Luke T. Schmitt, Esq. , Flaherty Sensabaugh Bonasso PLLC, Wheeling, WV, for Petitioners, Khoury, M.D., et al.

Robert P. Fitzsimmons, Esq. , Brent E. Wear, Esq. , Fitzsimmons Law Firm PLLC, Wheeling, WV, for Respondent.

This is an original proceeding in prohibition filed by petitioners Rajai T. Khoury, M.D., and Khoury Surgical Group, Inc. The petitioners (collectively "Dr. Khoury") are defendants in the underlying medical malpractice action filed in the Circuit Court of Ohio County, West Virginia, by respondent Nicole A. Scarcelli ("Scarcelli...

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