Legal Opinion
Payne v. Brake
District Court, W.D. Virginia
Decided September 23, 2004No. Civil Action No. 3:02CV00072, Civil Action No. 3:02CV00075, Civil Action No. 3:02CV00078PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
MOON, District Judge.
This matter comes before the Court on Defendants’ Motions to Dismiss. For the reasons stated below, Defendants’ Motions to Dismiss are hereby GRANTED. Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE.
I. BACKGROUND
On October 23, 2000, Plaintiff Kelly Payne, personal representative of the estate of Eduardo Calzada, timely filed an action in Circuit Court for the City of Charlottesville (“circuit court”) against Defendants for wrongful death and other claims (“First Action”), arising . out of events that occurred on October 24, 1998. On October 22, 2001,…
2Cases cited4 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- Mary Shoup Larry R. Shoup, Sr. v. Bell & Howell CompanyCourt of Appeals for the Fourth Circuit · 1989
- Brake v. PayneSupreme Court of Virginia · 2004
3Cited by3 opinions
- Laws v. McIlroySupreme Court of Virginia · 2012
- Rci Contractors & Engineers, Inc. v. Joe Rainero Tile Company, Inc.District Court, W.D. Virginia · 2010
- Zahuranec v. LevineFairfax County Circuit Court · 2011