Civil Procedure – Nonsuit – Decedent Defendant

By Deborah Elkins
Published: March 9, 2009

In light of the Virginia Supreme Court decision in Johnston Memorial Hospital v. Bazemore, Adm’x, a Salem Circuit Court holds that a plaintiff who sued a decedent cannot take a nonsuit and refile the case within the six-month extension granted by Va. Code § 8.01-380, then amend the action pursuant to Code § 8.01-229(B)(2)(b) to ...

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