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RIDDETT v. VIRGINIA ELEC. AND POWER CO.

Record No. 970297.

495 S.E.2d 819 (1998)

Patricia RIDDETT, Administratrix of the Estate of Clifford Riddett, Deceased v. VIRGINIA ELECTRIC AND POWER COMPANY.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

J. Gray Lawrence, Jr., Chesapeake (Guy E. Daugherty, Norfolk; Howard P. Smith, Hampton; Faggert & Frieden, Chesapeake; Howell, Daugherty & Brown, Norfolk, on brief), for appellant.

G.H. Gromel, Jr. (Cassandra C. Collins; Michael E. Derdeyn; Hunton & Williams, on brief), Richmond, for appellee.

Present: All the Justices.

COMPTON, Justice.

This is an appeal from a summary judgment entered in an action brought under the Death By Wrongful Act statutes, Code §§ 8.01-50 through -56. The question is whether the trial court correctly ruled that the plaintiff's action was time barred when a nonsuited action was not refiled within the time prescribed by the wrongful death statute of limitations in effect when the cause of action accrued. In other words, we must determine whether...

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