Bonetti v. Gable — Court Grant’s Defendant’s Plea in Bar

Page 1

VIRGINIA:

IN THE FAIRFAX CIRCUIT COURT

ERIC J. BONETTI,

) ) ) ) ) ) ) ) )

Plaintiff, VS.

KELLY GABLE, Defendant.

Case No. CL 2020-7578

()121)1,',12 GRANTING PLEA-IN-BAR THIS MATTER CAME before the Court on Friday, July 24, 2020 upon Defendant Kelly Gable's plea-in-bar upon the statute of limitation. Defendant did not file a response, however, argued that the statute of limitations was tolled. This is an action for defamation. The alleged defamatory statement was made in November 2017. The statute of limitation for defamation is one year. Va. Code § 8.01-247.1. Neither the obstruction nor discovery rule apply to Defendant's statements under either § 8.01229 or § 8.01-249. Assuming the statements this Defendant made was defamatory, the statute ran in 2018 and this lawsuit was filed in 2020. FOR REASONS stated and as argued by the Defendant, the plea-in-bar is GRANTED and this matter is DISMISSED with prejudice. AND THIS MATTER IS ENDED. ENTERED this

g.Q74efl day of %---)Viel

,4),„ nil

, 2020.

_

JUDGE, Fairfax Circuit Court

Pursuant to Rule 1:13 of the Rules of the Supreme Court of Virginia, the Court dispenses with the endorsement of this Order


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.