Court dismisses suit in hit-and-run death of 2-year-old

Type of action: Wrongful death

Injuries alleged: Death

Court: Fauquier Circuit Court

Case no.: Cl23-000056

Tried before: Judge

Name of judge or mediator: Judge James E. Plowman Jr.

Date resolved: 4/28/2023

Verdict or settlement: Verdict

Amount: $0 (defense, dismissal)

Attorney for defendant: Michael J. Carita, Alexandria

Description of case: A 2-year-old wandered off of her grandparents’ property and was struck by a hit-and-run driver. Plaintiff brought suit against the driver (who was charged with hit and run), and the 2-year old’s grandparents, alleging negligent supervision by them. Suit was filed more than two years after the death.

Grandparent defendants filed a plea in bar of the statute of limitations. Plaintiffs argued the statute of limitations was tolled by § 8.01-229(K) – tolling during pendency of criminal charges. Defense argued, and the court agreed, that the tolling of § 8.01-229(K) does not apply to wrongful death cases.

Under § 8.01-244, the statute of limitations is not tolled unless § 8.01-244 specifically states that it is; while the legislature added the requirements of Va. Code § 8.01-229(E)(3) to Va. Code §8.01-244, it did not add the terms of Va. Code § 8.01-229(K), so that statute does not apply to the wrongful death limitations provisions of Va. Code § 8.01-244.

Defense counsel Michael Carita provided case information.

[023-T-076]