BARTEE v. VITOCRUZ

Record No. 131283.

758 S.E.2d 549 (2014)

Robert BARTEE, Administrator of the Estate of Tonia Begley, Deceased v. Marissa G. VITOCRUZ.

Supreme Court of Virginia.

June 5, 2014.


Attorney(s) appearing for the Case

Gary Gilliam , Wise ( Chad Wilson , Gilliam Law, Wilson Law, on brief), for appellant.

William W. Eskridge , Abingdon ( P. Danielle Stone ; Jeffery A. Sturgill ; Penn, Stuart & Eskridge; Sturgill Law, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, MIMS, and POWELL, JJ., and LACY, S.J.


Opinion by Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether a sole surviving co-administrator of an intestate's estate may maintain a wrongful death action.

FACTS AND PROCEEDINGS

On January 12, 2010, Tonia Michelle Begley presented to the Emergency Department of Wellmont Lonesome Pine Hospital complaining of chest pain, anxiety and elevated blood pressure. Marissa G. Vitocruz, M.D., evaluated, treated and discharged Ms. Begley...

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