Lifestar Response of Maryland, Inc. v. Vegosen

The issue in this appeal is whether Code § 8.01-288 cures a plaintiff’s failure to serve upon the defendant a notice of motion for judgment when the defendant was served with a copy of the amended motion for judgment and had actual notice of the lawsuit.

I. BACKGROUND AND PROCEEDINGS BELOW

Peggy Vegosen (“Vegosen”) filed a motion for judgment against Lifestar Ambulance Service, Inc. alleging personal injuries sustained during her transport in an ambulance. Lifestar Ambulance Service, Inc., entered a special appearance claiming it was not the proper defendant. With leave of court, Vegosen filed…