Hampton v. Meyer

Summary

The Virginia Supreme Court held that naming Michael Meyer instead of Noah Meyer as the driver in a negligence complaint was a misnomer rather than a misjoinder because the complaint, read as a whole, identified the driver who allegedly caused the collision. Relying on Richmond v. Volk, the Court held that Hampton’s nonsuit and refiling of the complaint using Noah’s correct name were not barred by the statute of limitations. The Court reversed the circuit court’s order sustaining Noah’s plea in bar and remanded the case.

Holdings

1. The error was a misnomer, not a misjoinder, because the complaint, read as a whole, correctly identified the intended defendant by the defendant's role as the driver who negligently operated the specified vehicle at the specified time and place, even though it used the wrong personal name.
2. Under Richmond v. Volk, a plaintiff may take a nonsuit and file a new complaint using the correct name to cure a misnomer, and the earlier complaint tolls the statute of limitations under the applicable Virginia statutes.

Questions Presented

1. Whether identifying Michael Meyer rather than Noah Meyer as the driver constituted a misnomer or a misjoinder.
2. Whether Hampton's nonsuit and refiling of a complaint naming the correctly identified driver was permitted to toll the statute of limitations under Virginia law.
3. Whether the Supreme Court of Virginia should reconsider Richmond v. Volk's construction of the Virginia nonsuit, tolling, and misnomer statutes.

Disposition

reversed_and_remanded