Smith v. Adelphia Cable Communications

By Judge Jonathan M. Apgar

The Plaintiffhas filed a motion for judgment pursuant to § 8.01-50 ofthe Code of Virginia (1950), as amended, alleging that the Defendant is liable for the wrongful death of the Plaintiffs decedent. In response, the Defendant has filed a special plea in bar, contending that the suit was not filed within the applicable limitations period as set forth in § 8.01-244 ofthe Code of Virginia (1950), as amended. The Plaintiff counters that her suit was filed timely, as the automatic stay pursuant to 11 U.S.C. § 362 arising from the Defendant’s bankruptcy filing tolled the…