WERTZ v. GRUBBS

Record No. 921052.

425 S.E.2d 500 (1993)

George WERTZ, Administrator, etc. v. Earl A. GRUBBS, M.D.

Supreme Court of Virginia.

January 8, 1993.


Attorney(s) appearing for the Case

Judith M. Cofield, Virginia Beach (Shuttleworth, Ruloff, Giordano & Kahle, on brief), for appellant.

Joseph P. McMenamin, Richmond (F. Bradford Stillman, Richard J. Cromwell, Norfolk, on brief), for appellee.

Virginia Trial Lawyers Ass'n (Christopher A. Meyer, Allen, Allen, Allen & Allen, Richmond, on brief), amicus curiae.

Present: All the Justices.


WHITING, Justice.

The certified question is:

[W]hether the tolling provision of the Virginia Medical Malpractice Act, Va. Code Ann. § 8.01-581.9 (1991 Supp.), applies to the two year limitations contained in the Virginia Wrongful Death Act, Va.Code Ann. § 8.01-50 (1984) and Va.Code Ann. § 8.01-244(B) (1991 Supp.).

The following relevant facts are taken from the United States District Court's order of certification:

Plaintiff...

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