Greene v. Guarino

By JUDGE ROSEMARIE ANNUNZIATA

This action is currently before the court on the defendant’s Motion to Dismiss on the grounds that the plaintiff’s claims against him are barred. Defendant contends that plaintiff’s decedent, having participated in an unlawful and immoral act by committing suicide, is precluded from recovery in this action under Virginia law. For the reasons stated below, the Motion to Dismiss is denied.

Plaintiff, Joyce Greene, as personal representative of the estate of Robert E. Greene, II, brought this wrongful death action against Walter C. Guarino, M.D., a duly licensed…