Wood v. Holcombe

This case involves the applicability of the tolling provision of Code § 8.01-229(E) (3), and our decision is controlled by Strickland v. Simpkins, 221 Va. 730, 273 S.E.2d 539 (1981). See also Fidelity and Deposit Co. v. Celotex, 221 Va. 698, 273 S.E.2d 542 (1981).

On August 23, 1974, Elmer Lee Wood filed his motion for judgment, seeking to recover from Debra Lee Holcombe and another damages for personal injuries suffered in an automobile accident that occurred in September 1973. On March 9, 1978, Wood took a voluntary nonsuit and eight days thereafter, on March 17, 1978, filed his second…