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Wrongful Death Personal Representative

Fairfax Injury Lawyer Brien Roche Addresses Wrongful Death Personal Representative

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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 Wrongful Death Personal Representative.

Wrongful Death Personal Representative-Statutes

Va. Code § 64.1-75.1 as to appointment of administrator for prosecution of personal injury or wrongful death action against estate of deceased nonresident.

Wrongful Death Personal Representative-Cases

2011 Addison v. Jurgelsky, 281 Va. 205, 704 S.E.2d 402.
In this wrongful death action against physicians the fact that it was commenced by only one of two co-administrators does not justify dismissal as being time barred when the second co-administrator was joined after the statute of limitations had run. Virginia Code Section 8.01-5(A) permits such.

2010 Hawthorne v. VanMarter, 279 Va. 566, 692 S.E.2d 226.
Administrator of decedent’s estate has no right to file appeal in pro se capacity.

2010 Antisdel v. Ashby, 279 Va. 42, 688 S.E.2d 163.
Personal representative who was appointed by the court for purposes of bringing a wrongful death action lacks standing to bring a survival claim.

2009 Johnston Mem. Hosp. v. Bazemore, 277 Va. 308, 672 S.E.2d 858.
Plaintiff filed complaint alleging wrongful death prior to her qualifying as personal representative. Plaintiff thereafter qualified as administrator and then non-suited. Circuit court granted motion to non-suit and denied defendant’s motion to abate the action. The action was a nullity from the beginning since there was no administrator appointed and therefore there was no right to non-suit.

2006 Kone v. Wilson, 272 Va. 59, 630 S.E.2d 744.
In this case, administrator of the estate was not licensed to practice law in Virginia and therefore could not file wrongful death action, pro se. Any such filing is invalid and of no legal effect and does not toll statute of limitations.

2003 Fowler v. Winchester Med. Ctr., 266 Va. 131, 580 S.E.2d 816.
Medical malpractice involving wrongful death wherein West Virginia administrator filed suit in Virginia without qualifying in Virginia. The West Virginia probate proceeding had been terminated and, as such, the administrator was no longer the administrator even in the state of West Virginia. The subsequent filing of suit by that administrator in Virginia was improper and was time-barred. Case properly dismissed. If the West Virginia administrator still held that position and the probate estate had not been terminated, then that improper filing of the lawsuit would have tolled statute of limitations. The fact that the administrators status had been terminated even in the state of West Virginia meant that there was not an identity of parties between West Virginia and the eventual administrator in the state of Virginia.

2000 Bolling v. D’Amato, 259 Va. 299, 526 S.E.2d 257.
In this wrongful death action, widow had been appointed as administrator. Circuit later appointed son as co-administrator for purpose of bringing legal action. Circuit court was without jurisdiction to appoint co-administrator since there already was an administrator. As such, this action was not proper because plaintiff did not have standing to bring such lawsuit.

1992 Wackwitz v. Roy, 244 Va. 60, 418 S.E.2d 861.
Administrator not Virginia resident. This defect is not jurisdictional. Since issue not raised in trial court, it is waived.

1976 Caputo v. Holt, 217 Va. 302, 228 S.E.2d 134.
In his individual capacity, former administrator was legal stranger to class of beneficiaries (death by wrongful act) created by statute. Absent court approval of compromise, accord he gave and satisfaction he received in his representative capacity did not bind statutory class or satisfy its claim. Under statute at time, recovery for death by wrongful act is not asset of estate of decedent.

1956 McDaniel v. Carolina Pulp Co., 198 Va. 612, 95 S.E.2d 201.
Foreign administrator who has acquired no status in Virginia is without authority to institute, in his official capacity, any action or suit in this state.

1954 Godsey v. Tucker, 196 Va. 469, 84 S.E.2d 435.
Contributory negligence of driver will not bar recovery of administrator of passenger. If administrator caused accident, he cannot recover for himself damages suffered thereby, although in this case, no objection to such was raised.

1949 Miller v. Bennett, 190 Va. 162, 56 S.E.2d 217.
Right of representative no higher than that of injured party.

1944 Porter v. VEPCO, 183 Va. 108, 31 S.E.2d 337.
Fact that spouses are living apart does not prevent surviving spouse from bringing wrongful death action where there is no proof of desertion, abandonment or adultery.

1943 Williams v. Greene, 181 Va. 707, 26 S.E.2d 89.
Where heir of deceased plaintiff is potential tortfeasor, and is administrator of estate of deceased plaintiff, then defendant entitled to instruction that if jury finds negligence on part of heir, which causes accident, then heir not entitled to share in any recovery.

For more information on wrongful death see the pages on Wikipedia.

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Wrongful Death Personal Representative

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