Purcell v. Tidewater Construction Corp.

Emmett L. Purcell, Jr., filed a motion for judgment against his former employer, Tidewater Construction Corporation, on February 3, 1994, pursuant to Code § 65.2-308. Purcell alleged that Tidewater wrongfully terminated his employment in retaliation for his filing a workers’ compensation claim. Tidewater responded that Purcell’s cause of action was barred because it was not filed within one year of his termination as required by the limitation period set out in Code § 8.01-248. Purcell maintained that his cause of action was timely filed because it was an action for personal injury and,…