Joseph v. Giant Food, Inc.

By Judge Stanley P. Klein

Plaintiff, P. Brooks Joseph, seeks to nonsuit her case against Defendant, Giant Food, Inc. (“Giant”). Giant opposes the entry of a nonsuit asserting that Joseph is not entitled to a nonsuit under Virginia Code § 8.01-380 as a result of the case’s procedural history in the Fairfax County General District Court (“GDC”).1 Upon consideration of Joseph’s Motion for Nonsuit, the briefs filed in support of and in opposition thereto, and the oral arguments of counsel, the Motion for Nonsuit is granted for the reasons that follow.

I. Background

On September 25,2001, Joseph filed…