West Virginia Supreme Court November 30, 2005, 32507 (Gray v. Mena)

Chief Justice ALBRIGHT delivered the Opinion of the Court.

Justices DAVIS and MAYNARD concur and reserve the right to file concurring opinions.

ALBRIGHT, Chief Justice.

This is an appeal by Ms. Vicky Lynn Gray (hereinafter “Appellant”) from the Circuit Court of Mercer County’s dismissal of the Appellant’s civil action1 alleging that a physi-*567eian, Ashraf Mena, M.D., physically assaulted her.