West Virginia Insurance Guaranty Ass'n v. Potts

This is an appeal by Marlyn L. Potts, Alan N. Potts, Stacey Potts, Erin Potts, and Kristen Potts (hereinafter “Appellants” or “Potts family”) from a December 31, 2001, order of the Circuit Court of Ohio County. The underlying civil action, a medical malpractice claim against Dr. Robert Cross and Thoracic and Cardiovascular Surgery, Inc. (hereinafter “medical defendants”), was previously before this Court in West Virginia Insurance Guaranty Association v. Potts, 209 W.Va. 682, 550 S.E.2d 660 (2001) (hereinafter “Potts I”). The Appellants now contend that the lower court erroneously applied…