Rogers v. Virginia Home

By Judge T. J. Markow

The parties appeared by counsel on September 20, 2011, for argument on the Defendant’s, The Virginia Home’s (“Home”), special plea in bar of charitable immunity.

I. Background

The Plaintiff, Elizabeth Ann Rogers, alleges that, on May 17, 2009, she was a resident of the Home pursuant to a written contract. On that date, Rogers, afflicted with cerebral palsy, was confined to her bed when a fire ignited nearby. She could not help herself nor escape due to her disability and the guardrails that secured the sides of her bed. Rogers remained immobile as the fire spread from the…