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DUNSTON v. HUANG

Civil Action No. 1:09cv1369.

709 F.Supp.2d 414 (2010)

Ellen R. DUNSTON, Plaintiff, v. Cecil HUANG, M.D., et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

March 10, 2010.

Attorney(s) appearing for the Case

Lauren E. Davis, Gentry Locke Rakes & Moore LLP, Roanoke, VA, for Plaintiff.

Heather Ellison Zaug, Hancock Daniel Johnson & Nagle PC, Fairfax, VA, for Defendants.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This diversity medical malpractice case presents a question concerning the application of Virginia's six-month statute of limitations tolling provision for nonsuited actions. See Va.Code § 8.01-229(E)(3). More specifically, at issue is whether now time-barred claims of failure to perform an alternative procedure and lack of informed consent are saved by the six-month tolling provision...

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