Legal Opinion

Moronese v. Scott

Petersburg County Circuit Court

Decided September 20, 2005No. Case No. CL04-462-00PublishedCited by 1 opinion

1Opinion of the Court

BY JUDGE W. ALLAN SHARRETT

The Court has been asked to rule on the Demurrer filed by the Defendant. In reviewing the matter, it appears that two questions present themselves:(1) Does Virginia law allow a Plaintiff to maintain claims of false imprisonment and negligence in the same suit?(2) Can a false imprisonment claim be maintained when the Defendant did not assist in physically arresting the Plaintiff and was in fact thousands of miles away?

I. Can False Imprisonment and Negligence Claims Be Pursued Simultaneously?

In Virginia, false imprisonment is “the direct restraint by one person of the…

2Cases cited7 opinions

  1. W. T. Grant Co. v. OwensCourt of Appeals of Virginia · 1928
  2. Zayre of Virginia, Inc. v. GowdySupreme Court of Virginia · 1966
  3. Shakespeare v. City of PasadenaCalifornia Court of Appeal · 1964
  4. Montgomery Ward & Co. v. WicklineSupreme Court of Virginia · 1948
  5. Food Lion, Inc. v. MeltonSupreme Court of Virginia · 1995

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3Cited by1 opinion

  1. Lynch v. A and A Executive Transportation Services, Inc.District Court, W.D. Virginia · 2025

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