Legal Opinion
Phelan v. Commonwealth
Supreme Court of Virginia
Decided February 12, 2016No. Record 150591PublishedCited by 4 opinions
1Opinion of the Court
Opinion by Justice CLEO E. POWELL.
Cheryl Ann Phelan ("Phelan") appeals the decision of the trial court granting the Commonwealth's special plea in bar of sovereign immunity because she failed to meet the statutory notice requirements of the Virginia Tort Claims Act ("VTCA"), Code §§ 8.01-195.1 through -195.9.
**568 I. BACKGROUND
Phelan was an inmate incarcerated at the Deerfield Correctional Center. On April 26, 2013, Phelan allegedly slipped on a zucchini and injured her knee while working in the canning department of the Southampton complex.
On March 26, 2014, Phelan sent a notice of claim to…
2Cases cited5 opinions
- Niese v. City of AlexandriaSupreme Court of Virginia · 2002
- Town of Crewe v. MarlerSupreme Court of Virginia · 1984
- Halberstam v. CommonwealthSupreme Court of Virginia · 1996
- Melanson v. CommonwealthSupreme Court of Virginia · 2001
- Bates v. CommonwealthSupreme Court of Virginia · 2004
3Cited by4 opinions
- County of Johnston v. City of WilsonCourt of Appeals of North Carolina · 2000
- Ahmed v. Commonwealth (ORDER)Supreme Court of Virginia · 2017
- JT's Hauling, LLC v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024
- Michael Canter v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024