On November 29, 2022, the Court of Appeals ruled in English v. Quinn that the Supreme Court of Virginia’s COVID-19 Emergency Orders extended the statute of limitations in all cases, not just those whose statute of limitations expired during the period of the Judicial Emergency. The question before the Court was whether the Supreme Court of Virginia’s COVID-19 Judicial Emergency Orders extended to statutes of limitations for cases whose deadlines expired after the period of Judicial Emergency.
In English v. Quinn, the plaintiff suffered a motor vehicle accident on July 28, 2018. Plaintiff’s original statute of limitations would have expired on July 28, 2020. The plaintiff filed his case on November 30, 2020, outside the two-year statute of limitations for personal injury actions.s.
However, due to COVID-19, the Supreme Court of Virginia issued various Orders declaring a Judicial Emergency, which included provisions that tolled and extended case related deadlines, including statute of limitations. In total, the Supreme Court of Virginia issued seven (7) orders. The period of judicial emergency existed between March 16, 2020 and July 19, 2020.
The defendant filed a plea in bar seeking dismissal of the case for violation of the statute of limitations. The defendant argued that since the plaintiff’s statute of limitations expired after July 19, 2020, he was not entitled to the extension to his statute of limitations. Defendant’s argument hinged on specific language in the Second Judicial Emergency Order which stated that “all applicable deadlines . . . including any applicable statute of limitations which would otherwise run during the period this order is in effect, are hereby tolled and extended. . .for the duration of this Order.” Defendant interpreted the meaning of “run” as to “expire”. Furthermore, each hypothetical example provided by the Supreme Court of Virginia in their Orders only illustrated instances of deadlines expiring during the judicial emergency period. Finally, defendants argued that a blanket 126-day extension would lead to unintended consequences such as extensions to statute of limitations periods of three, five, or even ten years, that were not in any way affected by COVID-19.
The plaintiff countered, in part, by arguing that the word “run” is interpreted as “running” and not “expire.” This interprets the Judicial Emergency Orders as orders of inclusion – not exclusion. The plaintiff also relied on the language of the orders that the extension related to “all” case related deadlines, and language in the Seventh Order that the “period of tolling shall not be counted for purposes of determining statutes of limitation.” Plaintiff also argued that the emergency orders extended deadlines because of the lack of access to the courts, and lack of ability to investigate claims during COVID-19. Plaintiff’s argument, in essence, was that all cases received a blanket 126-day extension to their statute of limitations.
The trial court agreed with the defendant and dismissed plaintiff’s case. The plaintiff appealed and after each party and amici (from VTLA and VADA) filed briefs, the Court of Appeals heard oral argument on October 12, 2022. On November 29, 2022, the Court of Appeals reversed the trial court and found that the Supreme Court’s Judicial Emergency Orders extended statute of limitations deadlines for all cases, and not just those whose deadlines expired between March 16, 2020 and July 19, 2020. The analysis hinged upon the interpretation that the word “run” in this context essentially meant “running” and not “expire.” As such, the Court of Appeals interpreted the Supreme Court Judicial Emergency Orders as extending a blanket 126-day extension to the statute of limitations for all cases whose deadlines were running during the judicial emergency period.
This appellate court ruling resolves an issue where Circuit Courts across Virginia had reached different results. The Supreme Court of Virginia may yet weigh in on this legal issue if the English v. Quinn case is appealed, or if another case presenting the same issue is heard by the state’s highest Court. Until that time, the English ruling will control and the additional 126 days will be added to the statute of limitations for all cases where the statute was running between March 16, 2020 and July 19, 2020.
You can find the Court of Appeals November 29, 2022 Opinion in English v. Quinn here:
English v. Quinn Court of Appeals Decision.
