Clark v. Britt

By Judge Robert J. Smith

This matter came before the Court on Defendant Michael T. Haake’s plea in bar. The motion arises after Plaintiff recommenced her case after a nonsuit. Defendant Haake argues that the present claims against him do not relate back to the original cause of action, pursuant to Va. Code Ann. § 8.01-6.1 and are therefore barred by applicable statutes of limitation. After carefully considering the relevant legal authority and both the written and oral arguments of counsel at a hearing on March 6, 2009, the Court denies Defendant Haake’s plea in bar.

Background

Plaintiff Monica…