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MORRISON v. BESTLER

Record No. 880177.

387 S.E.2d 753 (1990)

Dorothy T. MORRISON v. James Michael BESTLER, M.D., et al.

Supreme Court of Virginia.

January 12, 1990.

Attorney(s) appearing for the Case

C. Richard Cranwell (Patrick S. Shiel, Cranwell, Flora & Moore, on briefs), for appellant.

Susan Waddell Spangler (George W. Wooten, Fox, Wooten & Hart, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and POFF, Senior Justice.

LACY, Justice.

In this medical malpractice case, we determine whether failure to comply with the provisions of Code § 8.01-581.2, which state that no action "shall be brought within ninety days" after notice of malpractice claim, deprives the trial court of jurisdiction over the instant claim.

On March 10, 1982, James Michael Bestler, M.D., performed cosmetic surgery on Dorothy T. Morrison. On March 9, 1984, Morrison filed a motion for judgment against...

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