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POWELL v. MARGILETH

Record No. 990319.

524 S.E.2d 434 (2000)

259 Va. 244

Mary Estella POWELL, Executrix of the Estate of William G. Powell, Jr., Deceased v. Andrew MARGILETH, M.D.

Supreme Court of Virginia.

January 14, 2000.

Attorney(s) appearing for the Case

Richard R. Nageotte (Yvette J. Nageotte; Nageotte, Nageotte & Nageotte, on brief), Stafford, for appellant.

Judith B. Henry (Richard L. Nagle; Crews & Hancock, on brief), Richmond, for appellee.

Present: CARRICO, CI., COMPTON, LACY, HASSELL, KEENAN, KOONTZ, JJ., and POFF, Senior Justice.

POFF, Senior Justice.

This litigation commenced in January 1994 when William G. Powell, Jr., (Powell) filed a motion for judgment against Dr. C.R. Massey, III, and Dr. Andrew Margileth alleging medical malpractice. Following Powell's death in 1995, his widow, Mary Estella Powell, qualified as executrix of his estate, and the trial court converted the case into a wrongful death action.

At the first trial of the case, the executrix non-suited Dr. Margileth,...

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