Parties Flashcards
most states permit dead person’s successor in interest (executor, administrator)
to sue on their behalf
dead persons estate
can be reached by creditors
punitive damages
may not be awarded against decedent;s estate
third party beneficiaries
have standing to sue if they were the intended beneficiary
action by or against the state are brought
in the name of the commonwealth
cities and counties are
sued in their own name
claimant can sue one
party even if there are multiple at fault
joinder of parties
adding or dropping parties from case
parties may be added by
leave of court by motion of plaintiff within 21 days of filing the complaint
nonjoinder
deficiency of parties
misjoinder
surplus of parties
how to raise a motion for nonjoinder or misjoinder?
motion for nonjoinder or misjoinder, not a demurrer
In VA, joint tortfeasors are
jointly and severally liable
VA joint tortfeasor statute
claimant may settle with with one defendant without releasing the others from liability
persons under disability
felony (incarcerated), infant (under 18), incapacitated person
plaintiffs under 18 must sue by
next friend in minor’s name
failure of an infant to sue under next friend results in…
in favor of infact, its good judgement; if bad, it is void and can be brought again against defendant
person with a disability must sue with
gal
all causes of action survive….
the death of either the party in favor the cause of action exists or the party against whom cause of action exists
what causes of actions are assignable
personal property and breach of k; not pi and personal service
