Articles Posted in Supreme Court of Virginia

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In February 2012, Sheryl Ricketts was involved in a motor vehicle accident. Ricketts underwent surgery for her injuries. In January 2014, Ricketts filed a complaint alleging that Charlie Strange’s negligence was the direct and proximate cause of the accident. Strange moved to summary judgment, alleging that Ricketts lacked standing to pursue her claim because, in September 2012, she had filed a Chapter 7 bankruptcy petition in the bankruptcy court. Strange argued that because Ricketts failed to properly exempt her negligence claim from the bankruptcy estate, the claim was assertable only by the trustee in bankruptcy. The circuit court agreed and granted summary judgment in favor of Strange. The circuit court subsequently denied Ricketts’s motions to correct a misnomer in her complaint or substitute the bankruptcy trustee as the proper plaintiff. The Supreme Court affirmed, holding that the circuit court (1) properly granted Strange’s motion for summary judgment because Ricketts did not properly exempt her negligence claim from the bankruptcy estate, and therefore, Ricketts lacked standing to pursue it; and (2) did not err by denying Ricketts’s motions for leave to amend her complaint. View "Ricketts v. Strange" on Justia Law