Wilson v. Fraser

MEMORANDUM OPINION

BLAIR, District Judge.

This is a wrongful death action arising out of a Virginia automobile accident in which both Clive N. Wilson and Lawrence A. Fraser were killed. The plaintiff is Wilson’s widow, Marsha, the administratrix of his estate, and the defendant is Fraser’s widow, Tamsen, the executrix of his estate. Jurisdiction is based upon diversity of citizenship, 28 U.S.C. § 1332. Counsel have agreed that pursuant to Rule 42(b) of the Federal Rules of Civil Procedure this court is to first determine whether this wrongful death action is barred as a matter of law. For that…