Cousins v. Smith

By JUDGE MELVIN R. HUGHES, JR.

This case is before the Court on defendant William O. Smith, Administrator’s objections to venue.

This is an action in wrongful death resulting from an automobile accident occurring in Henrico County where both the plaintiff’s decedent and defendant’s decedent died.

Smith, a local attorney who maintains an office in Richmond, qualified as administrator of the estate of James Matthew Hayes, Jr., deceased, in Henrico County. Smith argues that except for where the cause of action arose under § 8.01-262(4), venue in cases involving fiduciary defendants lies only in the…