Addison v. Jurgelsky
704 S.E.2d 402
Va.2011Background
- Joseph Addison died on April 3, 2004 after treatment at Clinch Valley Medical Center.
- Jerry Addison and Shirley Addison were appointed co-administrators of Joseph's estate.
- Jerry filed a wrongful death action in March 2006 on behalf of the estate.
- Defendants moved to abate, arguing Shirley (the other co-administrator) was not joined; court allowed Shirley to be joined and amended complaint filed September 12, 2008.
- Defendants moved to dismiss as time-barred; circuit court granted the pleas; issue on appeal is tolling and joinder under the Wrongful Death Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a single co-administrator file a wrongful death action? | Addison should be allowed to sue solo. | Only the 'the personal representative' may sue; unity of action required. | No; a single co-administrator may not file alone. |
| May an absent co-administrator be joined after expiration of the limitations period? | Code § 8.01-5 permits late joinder for ends of justice. | Time-bar cannot be tolled by joinder after expiration. | Yes; joinder of Shirley as additional plaintiff is permitted and tolls the statute. |
| Did Jerry's initial filing toll the limitations period for Shirley’s claim? | The filing tolled under Code § 8.01-244(B). | Tolling did not extend to Shirley without joinder. | Yes; Jerry's initial filing tolled the limitations period for Shirley. |
Key Cases Cited
- Beavers v. Beavers, 185 Va. 418, 39 S.E.2d 288 (1946) (administrators must join; avoids contrariety of action)
- Cook v. Radford Community Hospital, Inc., 260 Va. 443, 451, 536 S.E.2d 906 (2000) (necessary party and standing considerations; misjoinder vs. lack of authority)
- Mendenhall v. Douglas L. Cooper, Inc., 239 Va. 71, 387 S.E.2d 468 (1990) (time-barred against necessary party; cannot add)
- Ahari v. Morrison, 275 Va. 92, 654 S.E.2d 891 (2008) (amendment timing and relation to statute of limitations)
- City of Virginia Beach v. ESG Enters., 243 Va. 149, 413 S.E.2d 642 (1992) (statutory construction and words chosen by General Assembly)
- Burns v. Board of Supervisors, 227 Va. 354, 315 S.E.2d 856 (1984) (purpose of statutes of limitations to protect defendants)
- Carter v. Carter, 232 Va. 166, 349 S.E.2d 95 (1986) (policies behind limitations period)
- Conger v. Barrett, 280 Va. 627, 702 S.E.2d 117 (2010) (statutory interpretation; de novo review)
- Carroll v. Johnson, 278 Va. 683, 685 S.E.2d 647 (2009) (remedial construction of statutes; liberal reading)