Refo v. Werber

By JUDGE WILLARD I. WALKER

This matter is before the court on demurrer with defendant pleading that plaintiff's amended motion for judgment does not allege that plaintiff's decedent, Miss Elizabeth Tompkins, left any statutory beneficiaries entitled to damages under Virginia's wrongful death act, § 8.01-53, Code of Virginia.

The pertinent facts of the case are as follows: Plaintiff alleges and defendant admits that Miss Tompkins was crossing Monument Avenue in Richmond when she was struck and killed by a car driven by defendant. Miss Tompkins was survived by no spouse, children, grandchildren,…