The caption
The parties exactly as the court lists them—not a claim about the merits.
State court of last resort · ST-VA-SC
Herndon v. St. Mary's Hospital
No. 030070Supreme Court of Virginia
030070 Herndon v. St. Mary's Hospital 10/31/2003 In a medical malpractice action involving a minor, the trial court correctly dismissed without prejudice a suit brought under the style "Debbie Thompson Herndon…
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030070 Herndon v. St. Mary's Hospital 10/31/2003 In a medical malpractice action involving a minor, the trial court correctly dis…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Oct 31, 2003
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Docket entry
030070 Herndon v. St. Mary's Hospital 10/31/2003 In a medical malpractice action involving a minor, the trial court correctly dismissed without prejudice a suit brought under the style "Debbie Thompson Herndon, as mother and next friend of Matthew McNeil Herndon" because the common law requires that an action on behalf of a minor child be brought in the child's name, not in the name of his next friend, and the 1998 amendment to Code § 8.01-8 did not express an intention to change that rule.
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