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Green v. Diagnostic Imaging Associates
190181 Green v. Diagnostic Imaging Associates 06/04/2020 The circuit court erred in dismissing a suit for wrongful death against Virginia medical providers on the basis that the plaintiff had received a person…
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190181 Green v. Diagnostic Imaging Associates 06/04/2020 The circuit court erred in dismissing a suit for wrongful death against …
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 4, 2020
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190181 Green v. Diagnostic Imaging Associates 06/04/2020 The circuit court erred in dismissing a suit for wrongful death against Virginia medical providers on the basis that the plaintiff had received a personal injury settlement against Kentucky medical providers concerning the same injury. Plaintiff's ability to recover in Virginia for the personal injury or wrongful death of the decedent was not an election he was required to make under Code § 8.01-56. Because plaintiff alleged that the decedent died as a result of the injury she suffered at the hands of negligent defendants in Virginia, his claim could only proceed as a wrongful death action pursuant to Code § 8.01-50. Code § 8.01-56 do…
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