Legal Opinion

Bailey v. Lewis

Portsmouth County Circuit Court

Decided October 5, 2012No. Case No. (Civil) CL11-1029Published

1Opinion of the Court

By Judge Dean W. Sword, Jr.

This matter comes before the court upon an Amended Complaint seeking damages as a result of an automobile accident and upon a Demurrer and Special Plea of Sovereign Immunity filed on behalf of the defendant, Justin Matthews.

Upon the facts and reasons stated hereafter the court grants the plea of sovereign immunity and dismisses the complaint as to Justin Matthews. (Because the court believes this defendant is entitled to the defense of sovereign immunity, the demurrer becomes moot.)

Facts

At a hearing held before the court certain facts that relate to this issue and…

2Cases cited11 opinions

  1. James v. JaneSupreme Court of Virginia · 1980
  2. Messina v. BurdenSupreme Court of Virginia · 1984
  3. Colby v. BoydenSupreme Court of Virginia · 1991
  4. Stewart v. CommonwealthSupreme Court of Virginia · 1993
  5. Ogunde v. Prison Health Services, Inc.Supreme Court of Virginia · 2007

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