Shearer v. Coles

By Judge William L. Person, Jr.

The question presented in [this case] is whether the pendency of a wrongful death action filed in a federal court and subsequently dismissed for lack of subject matter jurisdiction tolls or abates the running of the statute of limitations pursuant to Virginia Code § 8.01— 244(B). The Court finds that it does not.

The facts are set out in the parties’ briefs, memoranda, and pleadings. Briefly stated, David F. Shearer died in an automobile accident in New Kent County on October 31,1989. Mary E. Shearer, administratrix of the estate of David Lawrence Shearer, filed…