Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum
By Deborah Elkins
Published: January 18, 2010
Tags: Civil Procedure, Judge James V. Lane, Rockingham County Circuit Court
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.
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