FINES v. KENDRICK

Record No. 771005.

254 S.E.2d 108 (1979)

Norton C. FINES, an Incompetent person, etc., v. John F. KENDRICK and Richmond Memorial Hospital.

Supreme Court of Virginia.

April 20, 1979.


Attorney(s) appearing for the Case

Russell V. Palmore, Jr., Richmond (Andrew J. Ellis, Jr., Barbara T. Jones, Mays, Valentine, Davenport & Moore, Richmond, on brief), for plaintiff in error.

R. Carter Scott, III, James L. Sanderlin, Richmond (Kimberly T. Henry, Henry H. McVey, III, Browder, Russell, Little, Morris & Butcher, McGuire, Woods & Battle, Richmond, on briefs), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


HARMAN, Justice.

The sole issue for decision in this medical malpractice appeal is whether the trial court erred in sustaining defendants' pleas of the statute of limitations.

This action was instituted on May 6, 1976, for injuries allegedly received in March, 1971. In his motion for judgment Norton C. Fines (plaintiff or Fines), incompetent, who sued by and through Marjorie Ellen Fines, his next friend, alleged he was injured by the negligence of defendant...

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