Baker v. Pulliam

By Judge Randall G. Johnson

This personal injury action is before the court on defendants’ motion to dismiss under the one-year service requirement of Rule 3:3 of the Rules of the Supreme Court of Virginia. The pertinent part of the Rule provides:

No judgment shall be entered against a defendant who was served with process more than one year after the commencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.

The accident giving rise to plaintiffs claim occurred on February 1,1994. Suit was filed on January…