SER Rajai T. Khoury, M.D. v. Hon. Jason A. Cuomo, Judge

KETCHUM, Chief Justice:

This is an original proceeding in prohibition filed by petitioners Rajai T. Khoury, M.D., and Khoury Surgical Group, Inc. The petitioners (collectively “Dr. Khoury”) are defendants in the underlying medical malpractice action filed in the Circuit Court of .Ohio County, West Virginia, by respondent Nicole A. Scarcelli (“Scarcelli”). This proceeding arises from the circuit court’s July 31, 2015, order denying Dr. Khoury’s motion to dismiss the action on the basis of forum non conveniens. 1

Dr. Khoury contends that the factors to be considered under this State’s forum non…