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

April 2023

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.

Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.

Jump to Page

By using this site, you acknowledge having read our Disclaimer and agree to our Privacy Policy