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JOHNSTON MEMORIAL HOSP. v. BAZEMORE

Record No. 081038.

672 S.E.2d 858 (2009)

JOHNSTON MEMORIAL HOSPITAL, et al. v. Wanda BAZEMORE, Administratrix of the Estate of David Gray Bazemore, Deceased.

Supreme Court of Virginia.

February 27, 2009.

Attorney(s) appearing for the Case

William W. Eskridge, Abingdon (Mark E. Frye, Bristol, TN; Powell M. Leitch III; Elizabeth Guilbert Perrow; Frank K. Friedman, Roanoke; Penn, Stuart & Eskridge; LeClairRyan; Woods Rogers, on briefs), for appellants

Berry L. Conway II, Abingdon, for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent's estate, but who filed the action prior to qualifying as such, is entitled to a nonsuit as a matter of right under Code § 8.01-380. Because the plaintiff was not a legal entity at the time she filed the action and therefore lacked standing to do so, the action is a nullity. Accordingly, no valid action was...

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