Please ensure Javascript is enabled for purposes of website accessibility
Home (page 5)

Tag Archives: Justice D. Arthur Kelsey

Justices part ways on vicarious liability (access required)

The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

Read More »

Court revives child’s claim vs. church (access required)

The Supreme Court of Virginia has recognized a church’s “special relationship” duty to protect children from a known dangerous employee. The new opinion also offers a host of guidance in other aspects of pleading a case. The decision builds on ...

Read More »

Special relationship, respondeat superior claims reinstated (access required)

Plaintiff , a young sexual abuse victim, has adequately pleaded that there was a special relationship between her and defendants, a local church and its national denomination, which created a duty to protect her from a church deacon who defendants ...

Read More »

Court erred in review of student’s disciplinary matter (access required)

Where a school board disciplined a student for nonconsensual sexual touching of three other students, the circuit court erred by vacating the board’s decision. The circuit court misapplied governing legal standards and misinterpreted the record of the disciplinary proceedings, rules ...

Read More »

High court, 4-3, approves ‘rehabilitated’ med-mal juror (access required)

The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

Read More »

Evidence from warrantless vehicle search in driveway admissible (access required)

Although the U.S. Supreme Court has held that the Fourth Amendment’s automobile exception does not permit a police officer who lacks a warrant or an invitation to enter a home’s curtilage to search a parked vehicle, evidence seized under those ...

Read More »