This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case LEWIS DARNELL GREEN, PERSONAL REPRESENTATIVE/EXECUTOR OF THE ESTATE OF ONEIDA STILTNER GREEN, DECEASED v. DIAGNOSTIC IMAGING ASSOCIATES, P.C., ET AL. (Record Number 190181) From The Circuit Court of Tazewell County; R. Patterson, Judge. Counsel M. Bryan Slaughter and E. Kyle McNew (MichieHamlett PLLC) for appellant. John T. Jessee, Joseph M. Rainsbury, and Sarah C. Jessee (LeClairRyan); Frank K. Friedman, Elizabeth Guilbert Perrow, Daniel T. Sarrell, Erin B. Ashwell, and J. Walton Milam III (Woods Rogers PLC); and C.J. Steuart Thomas, III and Noelle Quam (TimberlakeSmith) for appellees. Assignments of Error 1. The circuit court erred in granting the Defendants’ Motion to Dismiss. The court granted the Motion by Letter Opinion dated September 20, 2018, which was incorporated by reference into the final order, styled “Order Granting Defendants’ Motions to Dismiss,” entered November 15, 2018. 2. The circuit court erred in finding that Plaintiff’s claim was barred by Virginia Code § 8.01-56. The court made this finding at pages 5 through 6 of the Letter Opinion dated September 20, 2018, which was incorporated by reference into the final order, styled “Order Granting Defendants’ Motions to Dismiss,” entered November 15, 2018. 3. The circuit court erred in finding that the Plaintiff’s settlement of the Kentucky case equated to an election of remedy under Virginia law. The court made this finding at page 6 of the Letter Opinion dated September 20, 2018, which was incorporated by reference into the final order, styled “Order Granting Defendants’ Motions to Dismiss,” entered November 15, 2018. 4. The circuit court erred in finding that Plaintiff’s claim was barred by judicial estoppel. The court made this finding at page 6 of the Letter Opinion dated September 20, 2018, which was incorporated by reference into the final order, styled “Order Granting Defendants’ Motions to Dismiss,” entered November 15, 2018. www.courts.state.va.us/courts/scv/appeals/190181.pdf