Brown v. Bluefield Municipal Building Commission

McHugh, Justice:

This is an appeal by Dr. Steve J. Misak from a final order of the Circuit Court of Mercer County which granted plaintiff Robert Carl Brown’s motion for summary judgment on the issue of liability in a medical malpractice suit. The only issue considered on this appeal is whether the use of summary judgment was proper under the circumstances of this case. Because of the disposition of this issue, we need not address other assignments of error raised by the appellant.

This action was commenced when the plaintiff filed a complaint in the Circuit Court of Mercer County naming Misak,…