CHERRIE v. VIRGINIA HEALTH SERVICES, INC.

Record No. 151758.

787 S.E.2d 855 (2016)

Patrick Lee CHERRIE, Administrator of the Estate of Gerda A. Harvey, Deceased, et al. v. VIRGINIA HEALTH SERVICES, INC.

Supreme Court of Virginia.

July 14, 2016.


Attorney(s) appearing for the Case

Avery T. Waterman, Jr. , Newport News, (Patten, Wornom, Hatten & Diamonstein, on briefs), for appellants.

Joseph M. Rainsbury , Roanoke, ( Jason R. Davis , Norfolk; Donald E. Morris ; LeClair-Ryan ; Kaufman & Canoles; Law Office of Antony K. Jones , on brief), for appellee.

Amicus Curiae: Virginia Trial Lawyers Association ( Roger T. Creager ; Creager Law Firm, Richmond, on brief), in support of appellants.

PRESENT: All the Justices


The circuit court dismissed declaratory judgment complaints filed by two decedents' estates seeking to assert a private right of action for the production of documents under 12 VAC § 5-371-140(G). After consolidating these cases, the court held that the regulation did not require the production of documents...

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