Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations
AppId is over the quota
Here is an unusual situation:
The plaintiff was injured in Virginia in a car accident with a resident of Ohio. He filed suit within 2 years in Ohio and he filed an identical suit here in Virginia after two years had passed.
After much legal wrangling, the Virginia court said that the lawsuit filed in Ohio (even though that Court ordered the case transferred to Virginia) was good enough to stop the running of the statue of limitations.
In this case an action was filed in the Ohio court one day before the running of the statute of limitations. The fact that the original action was filed in another state, and perhaps in an improper venue, is of no concern to this Court. The plain language of the tolling statute contemplates "any action" commenced within two years. Code § 8.01-229(E)(1). The commencement of the Ohio action falls within the statute.
This action was also brought within the remaining period allowed by the statute of limitations once the original action had ended, in this case one day. The fact that this action was commenced before the tolling period ended is not of consequence.
Thornton v. Estes Express Lines, 15 Cir. CL0800086500, 77 Va. Cir. 455 (2009)
Post a Comment to "Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations"
Message:
Notify me of follow-up comments via email.
For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]
Court to decide that the action period of 2 years in another State Virginia's Statute of limitations satisfied
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)
One comment to "Rules court action within 2 years in another State Virginia's Statute of limitations met"
Message:
Notify me of follow up comments via e-Mail.
Off for security reasons, enter the image text in the box below: [press F5 when you can't read the text]
