Idoux v. The Estate of Raja Alexander Helou – July 28, 2009
Posted by ron on August 4, 2009 · Leave a Comment
Idoux contends the trial court erred by not permitting him to amend his complaint after he mistakenly filed suit against the Estate of Raja Helou rather than the personal representative of the estate.
From
The Circuit Court of Fairfax County; D.J. Smith, Judge.
Counsel
David Galinis (Berman, Sobin, Gross, Feldman & Darby, LLP) for appellant.
Dana L. Tubb (Trichilo, Bancroft, McGavin, Harvath & Judkins, P.C.) for appellee.
Assignments of Error
1. The trial court erred in granting the Plea in Bar and denying the Motion for Leave to Amend the Complaint because Va. Code § 8.01-6.2(B) tolled the statute of limitations when Mr. Idoux mistakenly filed suit against the Estate of Raja Helou, rather than the personal representative of that Estate, Rosemary Helou. Thus, the case should not have been dismissed and Mr. Idoux should have been permitted to amend his complaint to substitute the personal representative as the defendant.
2. The trial court erred in granting the Plea in Bar and denying the Motion for Leave to Amend the Complaint because Raja Helou died before Mr. Idoux filed his complaint, and Mr. Idoux’s Complaint was filed before the statute of limitations ran, and thus under Va. Code § 8.01-229(B)(2)(b) Mr. Idoux had two years from the filing of his Complaint to amend his Complaint to substitute the personal representative as the defendant, and thus should have been permitted to do so in this case.
Date Granted
7-27-2009