Legal Question in Personal Injury in Virginia

Naming the wrong defendant

Is there any current case law related to naming the wrong defendant, such as naming John Doe, III rather than John Doe, IV which would prohibit the case from being dismissed if the statute of limitations has expired?


Asked on 11/01/00, 7:19 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Naming the wrong defendant

Under Sec. 8.01-6, Code of Virginia, there is some hope if the true party defendent (using your example John Doe IV) who was the proper one had notice of the institution of the lawsuit, before the statute of limations ran.

Read more
Answered on 11/21/00, 2:02 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Virginia