NEWMAN v. WALKER

Record No. 042699.

618 S.E.2d 336 (2005)

270 Va. 291

Sharon M. NEWMAN v. Leonard WALKER, Jr.

Supreme Court of Virginia.

September 16, 2005.


Attorney(s) appearing for the Case

William G. Shields (Thorsen & Scher, on brief), Richmond, for appellant.

No brief or argument for appellee.

David W. Drash, Richmond (Robey, Teumer & Drash, on brief), for Nationwide Mutual Insurance Company.

Amici Curiae: The Virginia Trial Lawyers Association (L. Steven Emmert; Sykes, Bourdon, Ahern & Levy, on brief), Virginia Beach, in support of appellant

Present: All the Justices.


KINSER, Justice.

Pursuant to Code § 8.01-229(D), a statute of limitations is tolled when a defendant uses any direct or indirect means to obstruct the filing of an action. In this case, we conclude that a defendant's affirmative misrepresentation about his identity at the scene of an automobile accident invokes this statute and tolls the running of the statute of limitations for the ensuing personal injury action if the defendant designed or intended his misrepresentation...

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