No Plea in Bar for ‘Wrong Defendant’ Defense

By Deborah Elkins
Published: May 26, 2011

Tags: Fairfax County Circuit Court, Judge David Stanford Schell, Negligence, Virginia Circuit Courts

Although a pro se plaintiff sued the owner, not the driver, of the vehicle involved in an auto accident that allegedly caused his injuries, a Fairfax Circuit Court overrules the owner’s plea in bar arguing plaintiff sued the wrong defendant, as plaintiff’s complaint may be read to assert a claim of negligent entrustment. A plea in ...

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