West Virginia Supreme Court of Appeals Upholds Ruling in Yearslong Case Between Optometrist and Ophthalmologist

The West Virginia Supreme Court of Appeals (WVSCA) affirmed an order of the Circuit Court of Kanawha County, which granted summary judgment in favor of an ophthalmologist and his practice regarding an optometrist’s business interference claims. In so doing, the WVSCA rejected the plaintiff’s argument that his underlying suit had been timely filed because the defendants engaged in ongoing conduct that harmed the plaintiff. Consequently, the WVSCA held that the circuit court did not err when it concluded that the plaintiff’s claims were time-barred as being filed outside of the applicable two-year statute of limitations period, thus definitively ending a legal battle that had been pending for over six years.

The defendant was represented by Flaherty attorneys Ted Martin, Jason Proctor, and Kiersan Lockard.

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