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CONGER v. BARRETT

Record No. 091492.

702 S.E.2d 117 (2010)

Shirley CONGER, Administrator of the Estate of Paul Rae Conger v. Eugene J. BARRETT, M.D., et al.

Supreme Court of Virginia.

November 4, 2010.

Attorney(s) appearing for the Case

Sidney H. Kirstein , Lynchburg, VA, for appellant.

Bevin R. Alexander , Lynchburg, VA; Randall T. Perdue , Staunton, VA ( Braden J. Curtis ; C.J., Steuart Thomass III ; Freeman, Dunn, Alexander & Tiller; Timberlake, Smith, Thomas & Moses, on briefs), for appellees.

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code § 8.01-244(B) bars the reinstatement of an action dismissed under Code § 8.01-335(B).

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Paul Rae Conger died on March 7, 2001. His widow, Shirley Conger ("Conger"), qualified as his personal representative. On May 21, 2002, Conger filed a complaint under...

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