Cook v. Radford Community Hospital, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an action brought in the name of a person adjudicated as incapacitated, instead of in the name of her guardian, cannot be corrected as a misnomer
• holding that an action on behalf of an incapacitated person must be brought by the person’s committee and cannot be cured by the provisions of section 8.01-9 since that statute does not relate to capacity
• where a guardian had been appointed for an incompetent person, the incompetent person had no standing to sue in his or her own name
• In the referenced case, the Supreme Court of Virginia found that a plaintiff in her individual capacity filed suit after having been adjudicated incapacitated and after appointment of a fiduciary. The Court then determined that the Code of Virginia (1950

Source: CourtListener parenthetical corpus (CC0).