Legal Opinion

Early v. HP/Stanardsville, Inc.

Greene County Circuit Court

Decided September 14, 2010Published

1Opinion of the Court

By Judge Daniel R. Bouton

I set forth below the court’s rulings in connection with the outstanding demurrers.

The Demurrer of NFC

The demurrer of NFC to the second amended complaint will be sustained. The court finds no pleaded facts in the complaint that would establish a general common law duty that NFC had toward the plaintiff under Virginia law. There are no allegations that any employee, agent, or servant of NFC committed an act of negligence that would be within the scope of his or her employment with NFC. Finally, the complaint describes no actions by NFC employees or agents that were the…

2Cases cited4 opinions

  1. Mortarino v. Consultant Engineering Services, Inc.Supreme Court of Virginia · 1996
  2. Philip Morris, Inc. v. EmersonSupreme Court of Virginia · 1988
  3. Southern Floors & Acoustics, Inc. v. Max-YeboahSupreme Court of Virginia · 2004
  4. Boland v. Rivanna PartnersCharlottesville County Circuit Court · 2005

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