Virginia: Car Accident- A Lawyer’s Doe

Virginia: Car Accident- A Lawyer’s Doe

In Hall v. Lassiter, No.3:16-cv-00061 (W.D. Va. Nov. 23, 2016), United States District Court for the Western District of Virginia sitting in diversity in Charlottesville, Virginia construed Va. Code §38.2-2206(G) expansively in favor of vehicle accident victims. Specifically, the Federal Court in Hall held that a plaintiff motorist filing a personal injury action in state court against a single “John Doe” defendant preserved the plaintiff’s right to nonsuit and refile against 4 defendants -2 trucking companies and their 2 offending truck drivers – after the statute of limitation had run.