Lawson v. Roth

By Judge Charles N. Dorsey

The defendants have moved to dismiss as to Dr. Andrew G. Roth and Carilion Health System alleging that the plaintiff failed to make timely service within one year of filing of the motion for judgment in violation of Rule 3:3(c) of the Rules of the Virginia Supreme Court and Virginia Code § 8.01-275.1. The plaintiff concedes that service was more than a year after filing but further alleges that due diligence was exercised by the plaintiff and consequently service is timely pursuant to the provisions of the Rule and statute. Defendants have withdrawn their identical…