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CENTRA HEALTH, INC. v. MULLINS

Record No. 080008.

670 S.E.2d 708 (2009)

CENTRA HEALTH, INC., t/a Lynchburg General Hospital v. Leonard J. MULLINS, Administrator of the Estate of Leonard Mullins, Deceased, et al.

Supreme Court of Virginia.

January 16, 2009.

Attorney(s) appearing for the Case

Frank K. Friedman (Elizabeth Guilbert Perrow, Roanoke; Michael C. Richards, Arlington; Robert Michael Doherty, Roanoke; Woods Rogers, Blacksburg; WootenHart, Roanoke, on brief), for appellant.

L. Steven Emmert, Virginia Beach (Robert W. Carter, Jr., Chesapeake; Sykes, Bourdon, Ahern & Levy, Virginia Beach, on brief), for appellees.

Amicus Curiae: Virginia Trial Lawyers Association (Joshua D. Silverman; Carolyn C. Lavecchia; Williamson & Lavecchia, on brief), Richmond, in support of appellees.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal involving a medical malpractice action, the principal issue we consider is whether the circuit court erred in failing to require the administrators of a decedent's estate to elect between their alternative claims for wrongful death, Code § 8.01-50, and a survival action for personal injuries to the decedent, Code § 8.01-25, which the administrators alleged arose from the same acts of medical negligence...

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