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LAMBERT v. JAVED

Record No. 060935.

641 S.E.2d 109 (2007)

Anna LAMBERT, Administratrix and Personal Representative of the Estate of Jerry Lee Lambert, Deceased v. Muhammad R. JAVED, M.D., et al.

Supreme Court of Virginia.

March 2, 2007.

Attorney(s) appearing for the Case

Rodney Sager (Gregory S. Hancock, Hancock & Skinner, on briefs), Lebanon, for appellant.

William W. Eskridge, Abingdon; Mark E. Frye, Bristol, TN; James Mayson, Staunton; Mary M.H. Priddy, Charlottesville; Matthew Joss, Richmond (Paul C. Kuhnel, Roanoke; Penn, Stuart & Eskridge, Abingdon; Timberlake, Smith, Thomas & Moses, Staunton; Goodman, Allen & Filetti, Charlottesville; LeClair Ryan, Richmond; Wooten & Hart, Roanoke, on brief), for appellees.

Present: All the Justices.

OPINION BY Justice ELIZABETH B. LACY.

In this appeal we consider whether the trial court correctly dismissed the motion for judgment because of a prior final order dismissing the same cause of action with prejudice based on a plea to the statute of limitations.

On April 22, 2001, Jerry Lee Lambert was injured after falling from an all-terrain vehicle. Mr. Lambert was admitted to Clinch Valley Medical Center (Clinch Valley) and treated by Doctors Muhammad R...

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