Gray v. Mena

Chief Justice ALBRIGHT delivered the Opinion of the Court.

Justices DAVIS and MAYNARD concur and reserve the right to file concurring opinions.

ALBRIGHT, Chief Justice.

This is an appeal by Ms. Vicky Lynn Gray (hereinafter “Appellant”) from the Circuit Court of Mercer County’s dismissal of the Appellant’s civil action1 alleging that a physi-*567eian, Ashraf Mena, M.D., physically assaulted her. The lower court dismissed the civil action based upon its finding that the Appellant failed to follow the pre-suit requirements of the West Virginia Medical Professional Liability Act. In response, the…