Legal Opinion

Elliott v. Carter

Supreme Court of Virginia

Decided October 27, 2016No. Record 160224PublishedCited by 79 opinions

1Opinion of the Court

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider the evidence required to submit a question of gross negligence to a jury.

BACKGROUND

This matter arises from a wrongful death suit brought by Chancy M. Elliott (Elliott) on behalf of the estate of Caleb McKinley Smith (Caleb), alleging gross negligence on the part of Trevor Carter (Carter), the peer leader of Caleb's Boy Scout troop, after Caleb drowned on a Scout camping trip. The material facts are not in dispute.

On June 25, 2011, Caleb was a 13-year-old Boy Scout on an overnight camping trip with his troop along the…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Commercial Business Systems, Inc. v. BellSouth Services, Inc.Supreme Court of Virginia · 1995
  2. Colby v. BoydenSupreme Court of Virginia · 1991
  3. Cowan v. Hospice Support Care, Inc.Supreme Court of Virginia · 2004
  4. Colby v. BoydenSupreme Court of Virginia · 1991
  5. Frazier v. City of NorfolkSupreme Court of Virginia · 1987

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3Cited by79 opinions

  1. Kesha Williams v. Stacey KincaidCourt of Appeals for the Fourth Circuit · 2022
  2. Carey Hixson v. Michael MoranCourt of Appeals for the Fourth Circuit · 2021
  3. Commonwealth v. GiddensSupreme Court of Virginia · 2018
  4. Doe v. Russell Cnty. Sch. Bd.District Court, W.D. Virginia · 2018
  5. Graham v. City of Manassas Sch. Bd.District Court, E.D. Virginia · 2019

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