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CLUTTEUR v. ROSIER

Record No. 0104-22-3.

893 S.E.2d 424 (2023)

79 Va. App. 55

Debra K. CLUTTEUR v. Nancy C. ROSIER.

Court of Appeals of Virginia.

October 31, 2023.

Attorney(s) appearing for the Case

( Michael William Helm ; Miller, Earle & Shanks, PLLC, on brief), Luray, for appellant. Appellant submitting on brief.

( Randall T. Perdue , Staunton; TimberlakeSmith, on brief), for appellee. Appellee submitting on brief.

Present: Judges Humphreys, O'Brien and Chaney.

OPINION BY JUDGE VERNIDA R. CHANEY

Debra K. Clutteur appeals the circuit court's dismissal of her personal injury action commenced—and recommenced after a non-suit —against a deceased defendant, Nancy C. Rosier, and defended by an insurer acting in the name of the decedent. After Clutteur recommenced her action by filing a second complaint against Rosier (second complaint) and moved to substitute...

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