17 May Virginia: Car Accident – a Lawyer’s Non-Suit
On April 20, 2012, the Virginia Supreme Court upheld the non-suit rights of car crash victims. Specifically, Lewis v. McIlroy, No. 110485 (Va. Apr. 20, 2012) held that the tolling provision of Va. Code Ann. §8.01-229(E)(3) applied whether plaintiff refiled suit within 6 months after or before entry of non-suit order on the previously filed lawsuit. Id. at 7.
Plaintiffs’ uninsured/underinsured automobile (“UM/UIM”) carriers, Government Employee Insurance Company (“GEICO”) and State Farm Mutual Automobile Insurance Company (“State Farm”), had sought to avoid potential financial responsibility for the auto collision personal injury damages. But Laws held the circuit court erred in granting State Farm and defendant’s motion to dismiss and GEICO’s plea in bar. Id. at 12.