Friday, February 27, 2009

Another Bill Eskridge case

Today the Virginia Supreme Court decided in Johnston Memorial Hospital v. Bazemore that the plaintiff in a lawsuit that is a legal nullity (because the plaintiff had not qualified as personal representative to file a wrongful death case) cannot take a nonsuit.

One would imagine that a lawsuit that is a legal nullity cannot be res judicata on the merits, but I suppose they wanted the nonsuit to toll the statute of limitations.

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