HERNDON v. ST. MARY'S HOSP. INC.

Record No. 030070.

587 S.E.2d 567 (2003)

266 Va. 472

Debbie Thompson HERNDON, as Mother and Next Friend of Matthew McNeil Herndon, et al. v. ST. MARY'S HOSPITAL, INCORPORATED, et al.

Supreme Court of Virginia.

October 31, 2003.


Attorney(s) appearing for the Case

Nicholas B. Compton (Compton & Compton, on brief), for appellants.

Elsey A. Harris, III, Norton; Andrew M. Hanson; Thomas W. Farrell, Roanoke (Mitchell T. Mobley; Richard E. Ladd, Jr., Bristol, TN; Mullins, Harris & Jessee, Norton; Penn, Stuart Eskridge, Bristol, TN; WootenHart, Roanoke, on briefs), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, R.J.


OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.

We will state the facts relevant to this appeal. Matthew McNeil Herndon is the son of Debbie Thompson Herndon and Larry McNeil Herndon (the Herndons). Matthew was born on December 28, 1991, and allegedly sustained injuries as a result of medical care rendered before and...

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