McCracken v. Embassy Suites Hotel

By Judge Randall G. Johnson

The issue in this slip and fall case is whether defendants were served with process within one year of the filing of the motion for judgment as required by Rule 3:3(c) of the Rules of the Supreme Court of Virginia. That rule provides, in pertinent part:

No judgment shall be entered against a defendant who was served with process more than one year after the commencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.

Plaintiffs accident occurred on February 7, 1996. Suit was filed on…