Jones v. R.S. Jones & Associates
Virginia Supreme Court
431 S.E.2d 33 (1993)
- Written by Mary Phelan D'Isa, JD
Facts
Ben Jones, a Virginia resident, was killed in a plane accident in Florida. Almost two years later, Charlotte Jones (plaintiff), as administrator of Ben’s estate, filed a motion for judgment in a state court in Virginia. Charlotte named the owner of the plane, R.S. Jones and Associates, Inc., and the company that performed maintenance on the plane, Piedmont Aviation, Inc., as defendants. Jones Inc. and Piedmont filed pleas of the statute of limitations and alleged that the action was subject to Virginia’s one-year catch-all limitations period, and because Charlotte did not file the action within one year of Ben’s death, the action should be dismissed. The trial court sustained the plea of the statute of limitations and dismissed Charlotte’s motion for judgment. Charlotte appealed and argued that she was entitled to a two-year limitations period under either a different Virginia limitations period or the Florida limitations period for wrongful-death actions. The parties agreed that the substantive law of Florida, the place of wrong, applied and that the procedural law of Virginia, the forum, applied. The parties disagreed whether Florida’s limitations period for wrongful-death claims should be considered substantive or procedural.
Rule of Law
Issue
Holding and Reasoning (Carrico, C.J.)
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