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FOWLER v. WINCHESTER MEDICAL CENTER, INC.

Record No. 022260.

580 S.E.2d 816 (2003)

266 Va. 131

Rebecca FOWLER, Administrator of the Estate of Robert Fowler, v. WINCHESTER MEDICAL CENTER, INC., et al.

Supreme Court of Virginia.

June 6, 2003.

Attorney(s) appearing for the Case

Brian Kim, Washington, DC, (Chidi James; Barry J. Nace, Martinsburg, WVA; Paulson & Nace, Washington, DC, on brief), for appellant.

Charles F. Hilton, Harrisonburg; John T. Jessee, Roanoke; Kenneth J. Barton, Jr., Martinsburg, (Lisa N. Spellman; Amy Devin, Lexington; Joseph Rainsbury; James R. Watson; Wharton, Aldhizer & Weaver, Harrisonburg; Flippin, Densmore, Morse & Jessee, Roanoke; Steptoe & Johnson, on briefs), Washington, DC, for appellees.

PRESENT: All of the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether a suit for wrongful death brought by a nonresident party who, at the time the suit was filed, was not qualified as a personal representative in Virginia or any other state, tolled the statute of limitations while the suit was pending.

I. Facts and Proceedings Below

Robert Fowler (the "decedent") died intestate on December 24, 1999. His wife, Rebecca Fowler ("Fowler"), was appointed...

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