Clokey v. Austin

By Judge F. Bruce Bach

This matter is before the Court on Austin’s Plea in Bar. Austin challenges Clokey’s right to bring this action alleging a statute of limitations bar. Upon consideration of counsel’s arguments, both oral and written, the Court overrules the Plea in Bar.

The statute of limitations in effect in March 1985, Va. Code § 8.01-243(A), required personal injury actions to be brought within two years of the date of injury. Under this subsection the cause of action accrued on the date of injury. The 1986 modification to this statute added § 8.01-243(C) which “extended” the two-year…