WILBY v. GOSTEL

Record Nos. 021606, 021646, 021655.

578 S.E.2d 796 (2003)

265 Va. 437

Charles David WILBY, v. Sheree T. GOSTEL, Administrator of the Estate of Carrie Anne Newton. Daniel J. Middleton, et al., v. Sheree T. Gostel, Administrator of the Estate of Carrie Anne Newton. Sheree T. Gostel, Administrator of the estate of Carrie Anne Newton, v. Charles David Wilby, et al.

Supreme Court of Virginia.

April 17, 2003.


OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR.

These appeals arise out of an action for wrongful death in which the trial court granted partial summary judgment to one of the defendants on the ground that the decedent was contributorily negligent as a matter of law. In companion appeals brought by the defendants, we consider whether the trial court erred in permitting the administrator of the decedent's estate to take a voluntary nonsuit as to all claims alleged in her...

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