Atkins v. Chesler

By Judge Edward L. Hogshire

In this medical malpractice case, Plaintiff has filed an amended motion for judgment, in which she adds a claim of personal injury under the Va. Code § 8.01-25 survivor statute, after the statute of limitations had expired. Plaintiff argues that Va. Code § 8.01-6.1 allows the amended claim to relate back to the filing of the original motion for judgment, thereby satisfying the statute of limitations. For the reasons stated below, the Court agrees with the Plaintiff and will allow the amended motion for judgment.

The Plaintiff filed the original motion for judgment on…