Ellis v. Lupica

By Judge Charles E. Poston

This action is before the Court on the Defendant’s Motion to Dismiss on the grounds that the instant case is barred under res judicata by a final, unappealed dismissal of the prior lawsuit. The Court finds that because the plaintiff’s counsel [William P. Robinson, Jr., Esq.,] is a member of the General Assembly, Code of Virginia § 30-5 controls, and the instant case is not barred.

On December 22,1996, plaintiff was injured in an automobile/pedestrian accident that occurred in Chesapeake, Virginia. On December 28, 1998, plaintiff filed an original motion for judgment…