VA Ct: Dismissal Without Prejudice Not a Nonsuit

The Virginia Court of Appeals ruled that dismissal without prejudice does not equal a nonsuit. In Jenkins v. Webb, No. 1053-05-4, 01/10/2006, Timothy Webb fell from a tree, injuring his back and ribs. Webb subsequently filed a claim for workers' compensation benefits, alleging that William E. Jenkins was his employer. A hearing was scheduled for August 30, 2004, and the parties were notified. Although Jenkins appeared, along with his attorney and two subpoenaed witnesses, neither Webb nor his attorney made an appearance. Jenkins's attorney moved to dismiss the claim, and the deputy grante...