The plaintiff injured in Virginia in a car accident with a resident of Ohio. He filed suit 2 years in Ohio and he claim an identical here for two years in Virginia had passed away.

After much legal wrangling, the Virginia Court, said that the action in Ohio (although that Court transferred the case ordered to Virginia) well was enough, to stop the execution of the statue of limitations.

In this case, an action in the Ohio Court was filed one day before the running of the limitation period. The fact that the original action in another State, and perhaps in an improper venue was tabled, this dish is no concern. The plaintext of the toll system statute considered started "Measures" within two years. Code § 8.01-229(E)(1). Beginning of the action falls Ohio in the Statute.

This action was allowed by the Statute of limitations in the remaining time, taken after which had initial action in this case one day. No matter the fact that this action ended before the toll period began.

Thornton v. Estes express lines, 15 Cir. CL0800086500, 77 VA. CIR. 455 (2009)

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