VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF ALEXANDRIA
GRACE CERRONE,
Plaintiff
vs.
REAGAN HYDEN,
Defendant
Case No. CL210001159-00
MOTION FOR A NON-SUIT WITHOUT PREJUDICE
COMES NOW, Plaintiff GRACE CERRONE, pursuant to Va. Code § 8.01-380 and
respectfully moves this honorable court to issue an order for a non-suit without prejudice.
Plaintiff states as follows:
BACKGROUND FACTS
On or about February 12, 2021, Plaintiff filed a Complaint in this Court regarding
injuries she sustained in a motor accident that occurred on or about March 7, 2019. In the
Complaint, the Plaintiff alleged inter alia, that the Defendant’s negligence caused the
accident. Plaintiff therefore sought recovery for her injuries. At that time, Plaintiff was
represented by counsel.
Defendant filed their answer to the complaint, denying all liabilities for the accident.
On or about May 3, 2022, Plaintiff’s counsel held a deposition, to ascertain the extent
of Defendant’s liability.
On or about January 19, 2021, Plaintiff’s counsel withdrew from the case through an
order issued by this Honorable Court pursuant to the counsel’s motion to withdraw.
Before Plaintiff’s counsel withdrew from the case, discovery had already started. The
counsel’s withdrawal from the case therefore halted the discovery process.
Consequently, on or about February 8, 2022, Defendant sent Plaintiff Defendant’s
Request for Admission. On or about June 17, 2022, the Defendant filed a Motion to Deem
Requests for Admissions as Admitted and for Summary Judgment. The Defendant also filed a
Motion to Appear Remotely at Trial. In the said motion, the Defendant requested to appear
“via video teleconference through Zoom or other appropriate videoconference software”.
However, Plaintiff did not receive any notice from the Defendant regarding the
scheduled hearing. Plaintiff did not also receive the Motion for Summary Judgment that the
Defense counsel scheduled for July 13 th .
On or about July 13, 2022, this Court issued an Order granting Defendant’s Motion to
Deem Requests for Admissions as Admitted and for Summary Judgment. The court held inter
alia, that, it is deemed admitted that: the motor vehicle accident took place on March 7, 2019;
the accident occurred in the parking lot at New Grand Mart, Alexandria, Virginia; Plaintiff
did not have the right of way at the intersection where the accident happened; Plaintiff failed
to exercise reasonable care by failing to yield the right of way to Defendant; Plaintiff’s
negligence was the sole proximate cause of the accident; Defendant was not negligent in
connection with the accident and his negligence was not the proximate cause for any injury
Plaintiff sustained. In that regard, the Court held that since the foresaid facts are deemed
admitted, no material issue of fact remains for resolution at trial. The Court therefore granted
Defendant’s Motion for Summary Judgment, and dismissed Plaintiff’s Complaint with
prejudice. The Court also approved Defendant’s Motion to Appear Remotely.
On July 14, 2022, the Plaintiff filed an Order for Nonsuit, in which she requested the
Court to dismiss the action without prejudice.
Consequently, Plaintiff filed a Motion to Vacate and/or Reconsider the said Summary
Judgment. The court set a hearing date for November 23, 2022.
On or about November 17, 2022, the Defendant provided a response to Plaintiff’s
motion to vacate the summary judgment. In the response, Defendant avers that Plaintiff has
failed to identify any viable legal basis to vacate the court’s order granting Defendant
summary judgment; Plaintiff’s request for non-suit is untimely; and Plaintiff was properly
served with the discovery requests.
In light of the foregoing, Plaintiff, in response, files this non-suit due to medical
concerns, as Plaintiff shall state clearly below.
ARGUMENTS
Plaintiff is entitled to the Non-Suit without prejudice
In Virginia, a claimant is absolutely entitled to one nonsuit within the limitations
imposed by Code Sec. 8.01-380. Nash v. Jewell, 227 Va. 230, 237, 315 S.E.2d 825, 829
(1984). Accordingly, Code § 8.01-380(B) expressly provides that "[o]nly one nonsuit may be
taken to a cause of action . . . , as a matter of right." (Emphasis added). "The right to take a
nonsuit is a powerful tactical weapon in the hands of a plaintiff." Temple v. Mary Wash.
Hosp., 288 Va. 134, 140 (2014). Notably, a nonsuit does not involve a decision on the merits,
rather, it “simply [puts] an end to the present action, but is no bar to a subsequent action
for the same cause.” Payne v. Buena Vista Extract Co., 124 Va. 296, 311, 98 S.E. 34, 39
(1919) (Emphasis added).
“The effect of a nonsuit in Virginia is simply to put an end to the present proceedings
without prejudicing the claimant in bringing a subsequent suit on the same cause of action."
Clark v. Clark, 11 Va. App. 286, 298 (1990).
In this case, Plaintiff has had extensive medical issues that affect her ability to
prosecute her case. Plaintiff has been seeking medical treatment for her illness, which
culminated in a surgery on August 30, 2022. Plaintiff has medical records to show her history
of treatment, which information Plaintiff would deliver to the Court as evidence upon the
court’s demand, subject to Plaintiff’s HIPPA rights. Plaintiff also has a letter from her
primary care physician noting that Plaintiff was forced to deal with her medical issues.
CONCLUSION
Plaintiff’s medical concerns are sufficient grounds to grant Plaintiff a non-suit, which
is her right under Va. Code § 8.01-380. As already stated, Plaintiff’s medical issues have
impeded her ability to prosecute her case. A denial of her non-suit request would therefore
amount to a curtailment of Plaintiff’s right to a non-suit.
WHEREFORE, the Plaintiff prays that the honorable Court:
1. Grants a non-suit to Plaintiff, without prejudice;
2. Issues any other Order this Court deems fit and just.
DATED: ______________
Respectfully Submitted,
______________________
GRACE CERRONE
CERTIFICATION OF MAILING
Plaintiff affirms that a copy of the above Motion for Non-Suit without prejudice was
served upon the Defendant to this action by electronic and/or U.S. mail to their respective
addresses as stated below:
[ENTER ADDRESS]
DATED: ______________
Respectfully Submitted,
______________________
GRACE CERRONE
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