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BOLLING v. D'AMATO

Record No. 990818.

526 S.E.2d 257 (2000)

259 Va. 299

Teddy Wayne BOLLING, Co-Administrator of the Estate of Ted Guy Bolling, Deceased v. Luciano D'AMATO, M.D.

Supreme Court of Virginia.

March 3, 2000.

Attorney(s) appearing for the Case

H. Patrick Cline (Frederick W. Adkins, Joseph F. Hunnicutt; Cline, Adkins & Cline; Adkins, Elkins & Hunnicutt, on brief), Norton, for appellant.

Mark E. Frye, Bristol (William W. Eskridge, Abingdon; Penn, Stuart & Eskridge, Bristol, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ.

COMPTON, Justice.

In this civil action brought under the Death by Wrongful Act statutes for alleged medical malpractice, the dispositive question is whether the appointment of a so-called "co-administrator," for purpose of bringing the action on behalf of the decedent's estate, was void.

On August 26, 1993, Ted Guy Bolling came under the care of appellee, Luciano D'Amato, M.D., in Wise County as the result of injuries allegedly received in a logging accident...

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