Nance v. Bon Secours-St. Mary's Hospital

BY JUDGE GARY A. HICKS

This matter came before the Court on September 9,2005, for a hearing on the issues of service of process under Rule 3:3 and the applicability of Va. Code Ann. § 8.01-20.1. The Court, on the relevant issues, makes the following findings of fact and conclusions of law to rule accordingly.

The Plaintiff originally filed his case on August 29,2003. An Order of Nonsuit was granted to the Plaintiff on December 17,2004. This case was refiled on June 13,2005. At that time, Plaintiffs counsel did not request service of process.

Defendant’s counsel learned through his own means of…