Blackburn v. Morris

By JUDGE RICHARD J. JAMBORSKY

The matter is before the Court on the defendant’s demurrer to the plaintiff’s claims of gross negligence and willful and wanton negligence. The Court took the matter under advisement and now overrules the demurrer.

In examining the sufficiency of the allegations of the motion for judgment for all purposes of a demurrer, the defendant "admits the truth of all material facts properly pleaded" and all reasonable inferences arising from those facts. Lentz v. Morris, 236 Va. 78, 80, 372 S.E.2d 608, 609 (1988); see also, Grossman v. Saunders, 237 Va. 113, 119, 376 S.E.2d…