Johnston Memorial Hosp. v. Bazemore

Holding

In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent’s estate, but who filed the action prior to qualifying as such, is entitled to a nonsuit as a matter of right under Code § 8.01-380. Because the plaintiff was not a legal entity at the time she filed the action and therefore lacked standing to do so, the action is a nullity. Accordingly, no valid action was pending that could be nonsuited. We will therefore reverse the circuit court’s judgment granting a nonsuit and denying the defendants’ motions to abate.