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OGUNDE v. COM.

Record No. 050212.

628 S.E.2d 370 (2006)

271 Va. 639

Oludare OGUNDE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

L. Steven Emmert, Virginia Beach (Mark V. Pascucci; Sykes, Bourdon, Ahern & Levy; Oast & Hook, on briefs), for appellant.

William W. Muse, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Marla G. Decker, Deputy Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and COMPTON, S.J.

COMPTON, Senior Justice.

The dispositive question in this appeal is whether the trial court erred in ruling that an action filed by a prisoner under the Virginia Tort Claims Act (the Act), Code §§ 8.01-195.1 to -195.9, is governed by the statute of limitations applicable to persons confined in state correctional facilities, as set forth in Code § 8.01-243.2, and not by the statute of limitations prescribed by Code § 8.01-195.7 for actions brought...

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