Riddett v. Virginia Electric & Power Co.

This is an appeal from a summary judgment entered in an action brought under the Death By Wrongful Act statutes, Code §§ 8.01-50 through -56. The question is whether the trial court correctly ruled that the plaintiff’s action was time barred when a nonsuited action was not refiled within the time prescribed by the wrongful death statute of limitations in effect when the cause of action accrued. In other words, we must determine whether the trial court correctly refused to apply retroactively a tolling provision amendment to the wrongful death statute of limitations enacted after accrual of…