State Ex Rel. Leung v. Sanders , 213 W. Va. 569 ( 2003 )

McGRAW, J.,

dissenting.

(Filed July 3, 2003)

Though the facts alleged in the proposed third-party complaint have been known to Dr. Leung since the underlying medical malpractice action was first commenced more than one year ago, Dr. Leung did not seek to institute a third-party action against Dr. Wanger and Shenandoah Valley Medical Systems until two months before the scheduled trial date. In my view, Dr. Leung’s professed explanation for this delay — that he did not wish to jeopardize his professional relationship with Dr. Wanger — is not a sufficient justification for significantly delaying the plaintiffs right to a jury trial, particularly in light of the plaintiffs representation during oral argument that she was prepared to proceed to trial as scheduled. Because I believe the majority’s holding operates to assist Dr. Leung in his seemingly calculated effort to impede the final resolution of this case, I respectfully dissent.