Swann v. Marks

In this personal injury action, we consider whether a motion for judgment filed against the “estate” of a deceased person tolls the statute of limitations, and whether substitution of the personal representative for the “estate” is the correction of a misnomer under Code § 8.01-6.

On March 29, 1990, James M. Swann was injured when the automobile in which he was riding was involved in an accident with another vehicle driven by William L. Wild, a resident of Delaware. Wild died on January 18, 1991, from causes unrelated to the accident. Swann learned of Wild’s death in July 1992, and on December…