Richmond v. Volk
No. 150192 · Supreme Court of Virginia. Each entry below is the court's own record, with its date and a link. This page does not say which side is ahead or what an entry means.
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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…
Outcome words in this text: granting.
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