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Keywords

defendantstatuteappealmotionwillstatute of limitationssustained
defendantstatuteappealwillstatute of limitationssustained

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Newman v. Walker, 270 Va. 291, 618 S.E.2d 336

Facts

Sharon M. Newman sustained injuries in an accident involving a truck owned by Hastings Village, Inc. The driver, who identified himself as Kareem A. Brooks at the scene, was later revealed to be William Walker, Jr. After Newman filed a motion for judgment against Brooks and Hastings Village, she discovered that Walker had stolen Brooks' identification and misrepresented himself. The Circuit Court dismissed the case as untimely, leading to Newman's appeal.

Sharon M. Newman sustained injuries in an accident involving a truck owned by Hastings Village, Inc. The driver, who identified himself as Kareem A. Brooks at the scene, was later revealed to be William Walker, Jr.

Issue

Whether Walker's misrepresentation by using stolen identification at the scene of the accident constituted a 'direct or indirect means [used] to obstruct the filing of [this] action,' thereby tolling the statute of limitations.

Whether Walker's misrepresentation by using stolen identification at the scene of the accident constituted a 'direct or indirect means [used] to obstruct the filing of [this] action,' thereby tolling the statute of limitations.

Rule

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.

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.

Analysis

The court determined that Walker's affirmative misrepresentation of his identity at the scene of the accident constituted an obstruction of Newman's ability to file her action. Unlike the defendant in Grimes, who merely concealed his identity, Walker's actions involved a direct misrepresentation, which the court found sufficient to invoke the tolling provision of the statute. The court emphasized that fraudulent concealment must consist of affirmative acts of misrepresentation that involve moral turpitude.

The court determined that Walker's affirmative misrepresentation of his identity at the scene of the accident constituted an obstruction of Newman's ability to file her action.

Conclusion

The Supreme Court reversed the Circuit Court's judgment and remanded the case for further proceedings to determine whether Walker's actions were designed to obstruct Newman's filing of the action and the duration of such obstruction.

The Supreme Court reversed the Circuit Court's judgment and remanded the case for further proceedings to determine whether Walker's actions were designed to obstruct Newman's filing of the action and the duration of such obstruction.

Who won?

Newman prevailed in the appeal because the Supreme Court found that Walker's misrepresentation tolled the statute of limitations, allowing her case to proceed.

Newman prevailed in the appeal because the Supreme Court found that Walker's misrepresentation tolled the statute of limitations, allowing her case to proceed.

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