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No. 31406  The Estate of Robert L. Postlewait, by Eric Postlewait, Fiduciary, Karen L. Postlewait v. Ohio Valley Medical Center, Inc., a corporation, et al. and Ohio Valley Medical Center, Inc., a corporation, and Ohio Valley Medical Center, Inc., a corporation

FILED
December 12, 2003

Starcher, C.J., concurring:

RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

I concur with the majority's decision to reverse the circuit court's order, and to allow plaintiff Karen L. Postlewait to recover her agreed-upon share of the medical malpractice settlement proceeds. Contrary to what my dissenting colleague suggests, the facts in this case are not "straightforward"

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West Virginia Law