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State court of last resort · ST-VA-SC
Richmond v. Volk
No. 150192Supreme Court of Virginia
150192 Richmond v. Volk 01/28/2016 In personal injury litigation, the circuit court erred in granting a special plea of the statute of limitations to a refiled complaint. The original complaint identified the …
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150192 Richmond v. Volk 01/28/2016 In personal injury litigation, the circuit court erred in granting a special plea of the statu…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- January 28, 2016
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150192 Richmond v. Volk 01/28/2016 In personal injury litigation, the circuit court erred in granting a special plea of the statute of limitations to a refiled complaint. The original complaint identified the correct defendant involved in a traffic accident, but used an incorrect last name in naming her, a misnomer. Accordingly, upon the filing of the original complaint the statute of limitations was tolled by Code § 8.01-229(E)(1). When plaintiff took a voluntary nonsuit, Code § 8.01-229(E)(3) tolled the statute of limitations for an additional six months from the date of the nonsuit. Here, the plaintiff filed the present complaint within that six-month period and correctly named the defen…
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· Supreme Court of Virginia
Granted
The court's record, as written
150192 Richmond v. Volk 01/28/2016 In personal injury litigation, the circuit court erred in granting a special plea of the statute of limitations to a refiled complaint. The original complaint identified the correct defendant involved in a traffic accident, but used an incorrect last name in naming her, a misnomer. Accordingly, upon the filing of the original complaint the statute of limitations was tolled by Code § 8.01-229(E)(1). When plaintiff took a voluntary nonsuit, Code § 8.01-229(E)(3) tolled the statute of limitations for an additional six months from the date of the nonsuit. Here, the plaintiff filed the present complaint within that six-month period and correctly named the defen…
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