Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Guardians and the related topic of personal injury.   For more information on the topic of guardians see the pages on Wikipedia.

Guardians-Cases

2003 Herndon v. St. Mary’s Hosp., Inc., 266 Va. 472, 587 S.E.2d 567.

Medical malpractice action involving minor where mother brought suit in her name as mother and next friend of minor was improperly styled and therefore, subject to dismissal. Suit should have been brought in name of minor by his next friend. Court found Va. Code § 8.01-8 to be ambiguous and in interpreting, that section stated that statutes will be interpreted so as to not change the common law unless the legislative intent to do so is plainly manifested. In this case, the action was properly dismissed without prejudice.

2000 Cook v. Radford Cmty. Hosp. Inc., 260 Va. 443, 536 S.E.2d 906.

Suit brought on behalf of person adjudged to be incapacitated. Action was dismissed because guardian had not been named as plaintiff and amendment allowing joinder of guardian was not appropriate. In this case, the right person was Cook’s guardian. The right person was not incorrectly named, instead the wrong person, Cook, was named and therefore, an amendment was not appropriate.

1982 Smith v. Givens, 223 Va. 455, 290 S.E.2d 844.

Prior to approving wrongful death settlement court appointed guardian ad litem for reputed illegitimate child of decedent. Standard of proof of paternity in wrongful death case is preponderance of evidence.

1956 Kearns v. Hall, 197 Va. 736, 91 S.E.2d 648.

Guardian ad litem for infant defendant not given notice of motion for new trial. It was held to be error.