Fowler v. Winchester Medical Center, Inc.

In this appeal, we consider whether a suit for wrongful death brought by a nonresident party who, at the time the suit was filed, was not qualified as a personal representative in Virginia or any other state, tolled the statute of limitations while the suit was pending.

I. Facts and Proceedings Below

Robert Fowler (the “decedent”) died intestate on December 24, 1999. His wife, Rebecca Fowler (“Fowler”), was appointed administrator of the decedent’s estate by the Berkeley County Commission of West Virginia on March 9, 2000. By Final Settlement Order dated October 2, 2000, the Berkeley County…