Legal Opinion
Beverage v. Harvey
District Court, E.D. Virginia
Decided September 12, 1978No. Civ. A. No. 77-0707-RPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
WARRINER, District Judge.
This is a wrongful death case which is before the Court because of diversity of citizenship. Defendant has moved for summary judgment and the matter has been fully briefed.
The complaint was filed more than two years after the accident and death of the deceased. Thus, the action would appear to *1045be barred by Va.Code § 8-633 (1950),1 the section in which Virginia’s wrongful death law was contained at the time of the accident.
The decedent, whose administrator is the plaintiff in this action, was injured in an automobile accident on 21 August 1975 in Prince…
2Cases cited7 opinions
- Barksdale v. H.O. Engen, Inc.Supreme Court of Virginia · 1977
- City of Bedford v. The James Leffel & Co.Court of Appeals for the Fourth Circuit · 1977
- American Mutual Liability Insurance v. HamiltonSupreme Court of Virginia · 1926
- Manuel v. Norfolk & Western Ry. Co.Supreme Court of Virginia · 1901
- Branch v. BranchSupreme Court of Virginia · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1991
- Ellen S. Barry v. Honoria Donnelly, William DonnellyCourt of Appeals for the Fourth Circuit · 1986