Ray v. Ready

OPINION BY JUSTICE ELIZABETH A. McCLANAHAN

Patricia L. Ray ("Ray") challenges the circuit court's order (i) denying Ray's motion to amend her complaint to name the personal representative of her deceased husband's estate as the proper party defendant, and (ii) dismissing the action as time-barred. 1 Ray argues the trial court erred in doing so on grounds that her action against the estate was a nullity, and her complaint did not qualify under the safe-harbor provision of Code § 8.01-6.3(B) for amendment and relation back to the date the complaint was originally filed for purposes of tolling…