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McCAMMON v. OLDAKER

No. 25443.

516 S.E.2d 38 (1999)

205 W.Va. 24

Julia K. McCAMMON, M.D., FACOG, Plaintiff, v. Bradley R. OLDAKER, Esquire; Frank Venezia, Esquire; E. William Harvit, Esquire; and Sterl Shinaberry, Esquire, Defendants.

Supreme Court of Appeals of West Virginia.

Decided June 1, 1999.

Attorney(s) appearing for the Case

Richard A. Robb, Esq., South Charleston, West Virginia, Attorney for the Plaintiff.

Stephen R. Crislip, Esq., William D. Esbenshade, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for Oldaker.

James A. Varner, Esq., Catherine D. Munster, Esq., Tiffany R. Durst, Esq., McNeer, Highland, McMunn & Varner, Clarksburg, West Virginia, Attorneys for Venezia, Harvit & Shinaberry.

MAYNARD, Justice:

We are called upon here to answer three certified questions from the Circuit Court of

[516 S.E.2d 41]
Harrison County regarding malicious prosecution and tort of outrage claims brought in a medical malpractice countersuit against the attorneys for the plaintiff in the underlying medical malpractice suit. The certified questions and the circuit court's answers are as follows1:

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