Virginia: Wrongful Death – a Lawyer’s Reinstatement

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In Conger v. Barrett, 280 Va. 627 (2010), the Virginia Supreme Court vindicated Plaintiff’s right to reinstate her wrongful death suit within 1 year of its dismissal under Va. Code Ann. §8.01-335(B). The court rejected the defense assertion that Va. Code Ann. §8.01-244(B) two-year limitation for filing a new action barred reinstatement.

“Conger’s motion to reinstate her earlier case did not create ‘another action’ and therefore is not subject to the limitation period in Code §8.01-244(B),” wrote Justice Mims. Id. at 633. Accordingly, Conger reversed the trial Court’s dismissal of Plaintiff’s medical malpractice case. Id.