Herndon v. St. Mary's Hospital, Inc.

587 S.E.2d 567, 266 Va. 472, 2003 Va. LEXIS 94
CourtSupreme Court of Virginia
DecidedOctober 31, 2003
DocketRecord No. 030070
StatusPublished
Cited by4 cases

This text of 587 S.E.2d 567 (Herndon v. St. Mary's Hospital, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herndon v. St. Mary's Hospital, Inc., 587 S.E.2d 567, 266 Va. 472, 2003 Va. LEXIS 94 (Va. 2003).

Opinion

JUSTICE KEENAN

delivered the opinion of the Court.

In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child.

We will state the facts relevant to this appeal. Matthew McNeil Herndon is the son of Debbie Thompson Herndon and Larry McNeil Herndon (the Herndons). Matthew was born on December 28, 1991, and allegedly sustained injuries as a result of medical care rendered before and during his delivery.

On December 27, 2001, the Herndons filed a medical malpractice action against St. Mary’s Hospital, Incorporated, and others (collectively, the hospital), alleging that Matthew sustained injuries at or near the time of his birth as a result of the hospital’s negligence. The plaintiffs named in the motion for judgment included “Debbie Thompson Herndon, as mother and next friend of Matthew McNeil Herndon” and “Larry McNeil Herndon, as father and next friend of Matthew McNeil Herndon.”

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Related

Collins v. Commonwealth
Supreme Court of Virginia, 2012
Estate of James v. Peyton
674 S.E.2d 864 (Supreme Court of Virginia, 2009)
Jarrell v. Chippenham & Johnston-Willis Hospitals, Inc.
64 Va. Cir. 401 (Richmond County Circuit Court, 2004)
Herndon v. ST. MARY'S HOSP. INC.
587 S.E.2d 567 (Supreme Court of Virginia, 2003)

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Bluebook (online)
587 S.E.2d 567, 266 Va. 472, 2003 Va. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-st-marys-hospital-inc-va-2003.