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Home / Opinion Digests / ‘Same Transaction’ Test Saves Refiled Suit (access required)

‘Same Transaction’ Test Saves Refiled Suit (access required)

A plaintiff who nonsuited her dental malpractice suit alleging nerve damage from a negligent root canal, but refiled her complaint with additional allegations, survives defendant’s plea in bar with the Alexandria Circuit Court’s application of the “same transaction or occurrence” test, instead of the “same evidence” test advocated by defendant. The original complaint stated that defendant ...