Bates v. Commonwealth

This appeal arises from a wrongful death action filed by Debra Bates (Bates), administrator of the estate of Fannie Marie Banks (Banks), her deceased daughter, against the Commonwealth of Virginia pursuant to the Virginia Tort Claims Act, Code §§ 8.01-195.1 through 8.01-195.9. The issue to be resolved is whether Bates filed a notice of claim sufficient to comply with the requirements of Code § 8.01-195.6 with regard to the identification of the “place” at which Banks’ injury was alleged to have occurred.

I. BACKGROUND AND PRIOR PROCEEDINGS

The relevant facts are not in dispute. On July 21,…