Hobson v. Francisco

By Judge Robert p. Doherty, Jr.

On July 26,2004, this Court rendered a written opinion in this case that is reported as Hobson v. Francisco, 65 Va. Cir. 255 (2004). That opinion is not correct. This Court erroneously found that § 8.01-6, Code of Virginia (1950), as amended, was authority for the proposition that it was merely the correction of a misnomer to substitute the Commonwealth of Virginia for the Virginia Department of Transportation (VDOT) as a party defendant, retroactive to the commencement of the lawsuit. On November 5, 2004, the Virginia Supreme Court clarified the law in Billups…