Quinlan v. Matthews

KRAFT, District Judge.

Defendant opposes plaintiff’s motion for leave to file an amended complaint. The desired amendment proposes to add that the cause of action is brought, in the alternative, under the Wrongful Death and Survival Acts of Virginia, Code 1950, §§ 8-628.1, 8-633 et seq., the place of the tort. The objection is based on the ground inter alia, that Virginia law, alleged by defendant to be applicable here, prohibits suits between the estate of a deceased wife and her husband. The original complaint sets forth a cause of action under the Pennsylvania Wrongful Death and Survival…