880 S.E.2d 35
Va. Ct. App.2022Background
- On July 28, 2018, George English (passenger) was injured in a head-on collision caused by Thomas Quinn; the two-year personal-injury statute of limitations ordinarily would have expired July 28, 2020.
- The Virginia Supreme Court issued a series of judicial emergency orders in 2020 in response to COVID-19 that "tolled and extended" "all deadlines" in district and circuit courts; the tolling period was fixed as March 16, 2020 through July 19, 2020.
- English filed his complaint on November 30, 2020. Quinn pleaded the case was time-barred, arguing the emergency orders tolled only statutes of limitations that would have expired during the tolling period.
- The circuit court agreed with Quinn, dismissed English's suit with prejudice, and English appealed.
- The Court of Appeals reviewed the orders and statutes de novo and concluded the Supreme Court’s orders suspended (stopped) the running of all statutes of limitations during the listed period, so English’s remaining time resumed after July 19, 2020 and his November 30 filing was timely.
- The appellate court reversed the dismissal and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Supreme Court’s 2020 judicial emergency orders tolled all statutes of limitations or only those that would have expired during the tolling period | The orders tolled and stopped the limitations clock for "all" statutes of limitations; remaining time when tolling began was preserved and resumed after July 19, 2020 | The orders tolled only those statutes that would have "run" (i.e., expired) during the tolling period; statutes expiring after the period were not extended | The orders tolled all statutes of limitations from Mar. 16, 2020 through July 19, 2020; English’s claim was timely; reversal and remand |
Key Cases Cited
- Artis v. Dist. of Columbia, 138 S. Ct. 594 (2018) (tolling "stops the limitations clock")
- Jacks v. Commonwealth, 74 Va. App. 783 (2022) (de novo review of interpretation of Supreme Court pandemic orders)
- Kerns v. Wells Fargo Bank, N.A., 296 Va. 146 (2018) (personal-injury cause of action accrues at time of injury)
- VEPCO v. State Corp. Comm’n, 300 Va. 153 (2021) (presumption that court chose words carefully in orders)
- Baker v. Zirkle, 226 Va. 7 (1983) (Virginia precedent recognizing tolling can interrupt running of limitations)