In Antisdel v. Ashby, The Virginia Supreme Court ruled that the administrator of her son's estate who was only appointed for the purpose of bringing a wrongful death suit did not have standing to pursue a personal injury survival claim on behalf of the estate. However, the language under Section 64.1-75.1 of the Code of Virginia, as amended, allows the clerk of the circuit court to appoint an administrator to pursue personal injury and wrongful death actions.
In this case, the administrator wrongfully asserts that she was entitled to pursue alternative claims, when she was not appointed with that power.
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