Lyle v. Nowlin

By JUDGE DUNCAN M. BYRD, JR.

This matter comes before the Court upon the Plaintiff’s Motion to Amend pursuant to Code of Virginia, 1950, as amended, § 8.01-6 for the purpose of correcting a misnomer.

Plaintiff filed this action against Mr. P. C. Nowlin, III, and one day later, on June 2, 1987, Mr. Nowlin was personally served with process. The material facts alleged by plaintiff were that he was injured on December 20, 1983, as a proximate result of Mr. Nowlin’s negligent operation of a motor vehicle in which plaintiff was a passenger.

On June 18, 1987, Mr. Nowlin, by counsel, responded by…