Virginia Statute of Limitations Opinion

This was a personal injury case in which a plea in bar raised the statute of limitations. Under Virginia standing and limitations law, the plaintiff lacked standing to bring suit after filing a petition for bankruptcy, causing his claim to become an asset of his bankruptcy estate. Because all three complaints filed against the defendant were legal nullities filed by a party who lacked standing, they, and several purported nonsuits, had no tolling effect. The statute of limitations had run before suit was filed, and the circuit court erred in denying the defendant's motion for summary judgment. The judgment is reversed and the case is dismissed.

You can read Kocher v Campbell here

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney