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State court of last resort · ST-VA-SC
Johnston Memorial Hospital v. Bazemore
No. 081038Supreme Court of Virginia
081038 Johnston Memorial Hospital v. Bazemore 02/27/2009 In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent's estate, but who filed the action …
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081038 Johnston Memorial Hospital v. Bazemore 02/27/2009 In this wrongful death action, the sole issue is whether a plaintiff cla…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 27, 2009
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081038 Johnston Memorial Hospital v. Bazemore 02/27/2009 In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent's estate, but who filed the action prior to qualifying as such, is entitled to a nonsuit as a matter of right under Code § 8.01-380. Because the plaintiff was not a legal entity at the time she filed the action and therefore lacked standing to do so, the action is a nullity. Accordingly, no valid action was pending that could be nonsuited. The circuit court's judgment granting a nonsuit and denying defendants' motions to abate is reversed.
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· Supreme Court of Virginia
ReversedGrantedDenied
The court's record, as written
081038 Johnston Memorial Hospital v. Bazemore 02/27/2009 In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent's estate, but who filed the action prior to qualifying as such, is entitled to a nonsuit as a matter of right under Code § 8.01-380. Because the plaintiff was not a legal entity at the time she filed the action and therefore lacked standing to do so, the action is a nullity. Accordingly, no valid action was pending that could be nonsuited. The circuit court's judgment granting a nonsuit and denying defendants' motions to abate is reversed.
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