State Ex Rel. Leung v. Sanders

(Filed July 7, 2003)

While I concur with the majority opinion as to the reasons cited for issuing the writ of prohibition that pertain to the timeliness of the third-party complaint and the presence of averments grounded in negligence contained within the third-party complaint, I must dissent from the majority’s conclusion that the lower court violated established rules of standing in ruling on the issue of whether the screening requirements of the West Virginia Medical Professional Liability Act1 (hereinafter referred to as the “Act”) had been met in conjunction with the filing of the…