McKinney v. Virginia Surgical Associates

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J. GENEVA LAWSON MCKINNEY, ADMINISTRATOR OF THE ESTATE OF GENE L. McKINNEY, DECEASED OPINION BY v. Record No. 111869 SENIOR JUSTICE CHARLES S. RUSSELL September 14, 2012 VIRGINIA SURGICAL ASSOCIATES, P.C. FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Theodore J. Markow, Judge This appeal involves interpretation of the tolling provisions of Code § 8.01-229(E)(3), as it affects the running of the statute of limitations after a nonsuit. The circuit court decided the case on the pleadings and the facts are…