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Home / Opinion Digests / Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum (access required)

Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum (access required)

Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit - from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages - her second lawsuit is the same “action” and is timely under the savings provision of Va. Code § 8.01-229(E)(3), a Rockingham County Circuit Court holds. Citing ...

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