Ellis v. Lupica

By Judge Charles E. Poston

The issue presented in the defendant’s plea of the statute of limitations is simply stated: may a plaintiff represented by an attorney who is a member of the General Assembly maintain an action filed sixteen days before the General Assembly convened if the statute of limitations would have run within the period commencing thirty days before the General Assembly convened? For the following reasons, the Court holds that the action may be maintained and overrules the defendant’s special plea.

The facts, of course, consist primarily of a number of dates on which actions…