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STATE v. NELSON

No. 20-0906.

857 S.E.2d 923 (2021)

STATE of West Virginia EX REL. WEST VIRGINIA UNIVERSITY HOSPITALS, INC., d/b/a Chestnut Ridge Center and West Virginia University Board of Governors, Petitioners v. The Honorable Lynn A. NELSON, Judge of the Circuit Court of Tucker County; and Mark Heckler, Individually and as Personal Representative and Administrator of the Estate of Marion Heckler, deceased, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: May 10, 2021.

Attorney(s) appearing for the Case

Christine S. Vaglienti, Esq. , Lauren Twigg Krupica, Esq. , West Virginia University Health System Legal Services, Morgantown, West Virginia, Counsel for West Virginia University Hospitals, Inc., d/b/a Chestnut Ridge Center.

Chelsea V. Brown, Esq. , Bowles Rice LLP, Morgantown, West Virginia, Counsel for West Virginia University Board of Governors.

Robert S. Pruett, Esq. , Benjamin B. Ware, Esq. , W. Jeffrey Vollmer, Esq. , Shanna L. Brown, Esq. , Goodwin & Goodwin, LLP, Charleston, West Virginia, Counsel for Respondent Mark Heckler.

After Emily Heckler received psychiatric treatment at Chestnut Ridge Center in Morgantown, she was discharged and returned home to Tucker County with her father, Mark Heckler. Two days later, she stabbed her stepmother Marion to death. Mr. Heckler, as administrator of Marion's estate, then brought a third-party medical negligence...

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