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Virginia: Vehicle Accident – A Lawyer’s Misnomer

Virginia: Vehicle Accident – A Lawyer’s Misnomer

On August 27, 2020, the Virginia Supreme Court through Justice Mims opined 4-3 that misidentification of a car crash defendant in a Complaint was a mere misnomer, not a fatal misjoinder; and therefore that the personal injury victim filing a new Complaint against the correct offending motorist after nonsuit was not barred by the statute of limitations. The case is Hampton v. Meyer, Va. S. Ct. Record No. 191194, which followed – and per the dissent, expanded – its opinion in Richmond v. Volk, 291 Va. 60 (2016); and distinguished Ricketts v. Strange, 293 Va. 1010 (2017), a misjoinder case involving Bankruptcy. Id. at 4-9.