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DODSON v. POTOMAC MACK SALES & SERVICE

Record Nos. 900299, 900721.

400 S.E.2d 178 (1991)

Patricia A. DODSON, Administratrix of the Estate of Elmer W. Dodson, Jr., Deceased v. POTOMAC MACK SALES & SERVICE, INC., et al. Patricia WOOD, Administratrix of the Estate of William Wood v. Donald L. MacNAY, M.D., et al.

Supreme Court of Virginia.

January 11, 1991.

Attorney(s) appearing for the Case

Warner F. Young, III (Hall, Markle, Sickels & Fudala, on brief), for appellant Patricia Wood.

Fred C. Alexander, Jr. (McGuire, Woods, Battle & Boothe, on brief), for appellee Beverly J. Donner.

Gary A. Godard, Vicki Layman-Jasper (Godard, West & Adelman, on brief), for appellees Donald L. MacNay and Donald L. MacNay, M.D., Associates, Ltd.

Cynthia Vancil Santoni (Pledger & Santoni, on brief), for appellee Prince William Hosp. Corp.

John A. Blazer (Crews & Hancock, on brief), for appellant Patricia A. Dodson.

John H. Johnston (Slenker, Brandt, Jennings & Johnston, on brief), for appellee R/S Truck Body Co.

Robert Guntharp, Deborah A. Farson (John E. Fricker, Lewis, Wilson, Lewis and Jones, on brief), for appellee Potomac Mack Sales & Service, Inc.

No brief or argument for appellee Mack Trucks, Inc.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING, and LACY, JJ., and COCHRAN, Retired Justice.

WHITING, Justice.

In these wrongful death actions, we decide whether the plaintiffs, who nonsuited their original actions, had the additional six-month period provided by Code § 8.01-229(E)(3) in which to file subsequent wrongful death actions. In both these subsequent actions, all parties agree that if this code section does not apply, the plaintiffs' claims must fail.

DODSON ACTION—RECORD NO. 900299

On May 18, 1984, Elmer W. Dodson...

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