McKinney v. Va. Surgical Assocs., P.C.
Annotate this CasePlaintiff in this case was the widow of the Decedent, and Defendant was Virginia Surgical Associates. After discovery, Plaintiff took a voluntary nonsuit of her wrongful death action. Later, Plaintiff filed in the same court, against the same defendant, the present action for personal injuries suffered by Decedent arising out of the same alleged negligence, as a survival action. The survival action was filed more than two years after Defendant's alleged negligence but less than six months after Plaintiff's nonsuit of her action for wrongful death. The circuit court sustained Defendant's plea in bar based on the two-year statute of limitations applicable to actions for personal injury and dismissed the case. The Supreme Court reversed, holding that the circuit court erred in holding that the survival action was a different cause of action than the wrongful death action and it was therefore not saved by the tolling provision of Va. Code Ann. 8.01-229(E)(3). Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.