Fauntleroy v. Carden & Potomac Supply Corp.

By Judge Joseph E. Spruill, Jr.

The question here is whether plaintiffs present action against Potomac Supply Corporation is time barred.

Plaintiffs first suit, filed December 28,1994, alleged he was injured in an accident on December 28, 1992, as a result of the negligence of Mr. Carden while acting within the scope of his employment with Potomac Supply Corporation. This action subsequently was nonsuited, first as to Potomac, and then as to Carden.

A new action against both defendants was filed October 2, 1996, alleging as to Potomac that it was negligent in failing to maintain, inspect, or…