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KEENE v. YATES

No. 1:99CV00032.

81 F.Supp.2d 655 (2000)

Dewey Stanley KEENE and Delores Keene, Plaintiffs, v. Stevie Joe YATES, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

February 3, 2000.

Attorney(s) appearing for the Case

Carl E. McAfee, McAfee Law Firm, P.C., Norton, VA, for plaintiffs.

Travelers Indemnity Co. of Illinois, Howard C. McElroy, Bundy, McElroy & Hodges, Abingdon, VA, for defendant.

OPINION AND ORDER

JONES, District Judge.

The question in this diversity case is whether Virginia law permits the parents of a deceased minor child to pursue a claim for the child's medical expenses against the tortfeasor, even though an action for wrongful death of the child arising out of the same accident is pending. I hold that the action is not precluded and therefore deny the pending motion for summary judgment.

I

The plaintiffs' seventeen...

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