Green v. Diagnostic Imaging AssociatesAnnotate this Case
The Supreme Court reversed the judgment of the circuit court dismissing a suit for wrongful death against Virginia medical providers on the basis that Plaintiff had received a personal injury settlement against Kentucky medical providers concerning the same injury, holding that the circuit court erred in granting the motions to dismiss.
Plaintiff, the husband of the decedent, filed wrongful death and personal injury actions in a Virginia circuit court and a Kentucky circuit court, asserting that the decedent died as a result of medical professions in both states failing to identify and treat the decedent's mesenteric ischemia. Plaintiff settled with the Kentucky defendants for an undisclosed amount, and the Kentucky circuit court dismissed all claims in the Kentucky action. The circuit court subsequently granted the Virginia defendants' motions to dismiss. The Supreme Court reversed, holding (1) the circuit court erred in dismissing the case on the grounds that Plaintiff elected a remedy when he settled the Kentucky personal injury action and that Plaintiff's wrongful death action was barred by Va. Code 8.01-56; and (2) none of the doctrines of claim-splitting, double recovery, or judicial estoppel supported the circuit court's granting of the motions to dismiss.