Stark v. Johnstone

By JUDGE WILLARD I. WALKER

This matter is before the court for an interpretation of the provisions of Rule 3:3 of the Rules of the Supreme Court of Virginia.

In this malpractice case, the plaintiff's cause of action was alleged to have arisen on January 20, 1976. The plaintiff, through counsel, filed his motion for judgment on January 20, 1978, and requested at that time that the Clerk not issue service of process against the defendants, William T. Johnstone and Virginia Orthopaedic Associates, Inc. Both of the defendants are residents of the City of Richmond and are easily located by anyone…