Bolling v. D'AMATO

In this civil action brought under the Death by Wrongful Act statutes for alleged medical malpractice, the dispositive question is whether the appointment of a so-called “co-administrator,” for purpose of bringing the action on behalf of the decedent’s estate, was void.

On August 26, 1993, Ted Guy Bolling came under the care of appellee, Luciano D’Amato, M.D., in Wise County as the result of injuries allegedly received in a logging accident. Bolling died later that day.

On September 2, 1993, the clerk of the court below appointed Betty Chloe Bolling, the decedent’s widow, as administrator of…