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ADDISON v. JURGELSKY

Record No. 092361.

704 S.E.2d 402 (2011)

Jerry K. ADDISON, Administrator of the Estate of Joseph A. Addison, Deceased, et al. v. William JURGELSKY, Jr., M.D., et al.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Frank K. Friedman ( F. Elizabeth Burgin ; C. Richard Cranwell ; M. Quentin Emick, Jr. ; Woods Rogers , Charlottesville; Cranwell, Moore & Emick, Vinton, on briefs), appellants.

Powell M. Leitch III ( John T. Jessee ; Joseph M. Rainsbury , Roanoke; William W. Eskridge ; Mark E. Frye ; LeClairRyan; Penn, Stuart & Eskridge, Abingdon, on briefs), for appellees.

Present: KOONTZ, KINSER, LEMONS, and MIMS, JJ., and CARRICO, RUSSELL and LACY, S.JJ.

Opinion by Justice WILLIAM C. MIMS.

In this appeal we consider whether a wrongful death action brought by one of two co-administrators of an estate was properly dismissed as time-barred when the second co-administrator was joined as a plaintiff after the expiration of the statute of limitations.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

The decedent, Joseph A. Addison ("Joseph"), died on April 3, 2004 after having been treated at Clinch Valley...

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