Rci Contractors & Engineers, Inc. v. Joe Rainero Tile Company, Inc.

OPINION AND ORDER

JAMES P. JONES, Chief District Judge.

In this products liability action arising under Virginia law, the principal issue is whether a claim for breach of implied warranty is barred by the U.C.C.’s four-year statute of limitations. Because I find that the period of limitations was tolled during the pendency of a lawsuit filed in state court, I hold that the action is not barred.

I

The plaintiff, RCI Contractors & Engineers, Inc. (“RCI”), was a subcontractor in the construction of three jails in this judicial district. RCI, in turn, contracted with Joe Rainero Tile Company, Inc.…