8.01-36 - Joinder of action of tort to infant with action for recovery of expenses incurred thereby. - Virginia Statutes

§ 8.01-36. Joinder of action of tort to infant with action for recovery ofexpenses incurred thereby.

Where there is pending any action by an infant plaintiff against atort-feasor for a personal injury, any parent, or guardian of such infant,who is entitled to recover from the same tort-feasor the expenses of curingor attempting to cure such infant from the result of such personal injury,may bring an action against such tort-feasor for such expenses, in the samecourt where such infant's case is pending, either in the action filed inbehalf of the infant or in a separate action. If the claim for expenses be byseparate action, upon motion of any party to either case, made to the courtat least one week before the trial, both cases shall be tried together at thesame time as parts of the same transaction. But separate verdicts when thereis a jury trial shall be rendered, and the judgment shall distinctly separatethe decision and judgment in the separate causes of action.

In the event of the cases being carried to the Supreme Court, which may bedone if there be the jurisdictional amount in either case, they shall both becarried together as one case and record, but the Supreme Court shall clearlyspecify the decision in each case, separating them in the decision to theextent necessary to do justice among the parties.

(Code 1950, § 8-629; 1954, c. 333; 1973, c. 277.)