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Home / Opinion Digests / Civil Procedure – Deceased Defendant – Substitution Of Personal Representative (access required)

Civil Procedure – Deceased Defendant – Substitution Of Personal Representative (access required)

The Virginia Supreme Court holds that, in a personal injury action, substitution of the estate of the deceased defendant, rather than the personal representative of the estate, fails to name a proper party to the action. We consider whether the language “Estate of Robert Judson James, Administrator, Edwin F. Gentry, Esquire” names a proper party to ...