On September 16, 2009, Newport News Circuit Court denied a Motion to Dismiss in a medical malpractice case of first impression, Andleton v. Connolly, No. 31197. It construed Va. Code Ann. §8.01-335(B).
Section 8.01-335(B) permits reinstatement of a plaintiff’s case within one year of its dismissal under that statute for three-plus years of inactivity. In Andleton, the Court made new law in holding that the claimant was entitled to reinstate within one year of dismissal under §8.01-335(B) even though the statute of limitation for filing the underlying medical malpractice claim had run at the time.