Boone v. Jefferson Memorial Hospital, Inc.

By JUDGE DONALD M. HADDOCK

I have carefully reviewed both Baker v. Zirkle, 226 Va. 7 (1983), and Dye v. Staley, 226 Va. 15 (1983). As we are all aware, both cases were decided under the pre1982 version of § 8.01-581.9, and in both, the Supreme Court expressly declined to comment on the post-1982 version. In Baker and Dye, the Court emphasized the word "toll" and held that the entire balance of the statute of limitations was suspended upon giving of notice of claim. The 1982 legislative change occurred prior to the decisions in Baker and Dye\ the change deleted "following the notice to the…