White v. Simon

By Judge Edward L. EIogshire

This medical malpractice action arose from the allegedly negligent actions of Defendant Rachel Simon, R.N., which are claimed to have led to the wrongful death of Plaintiff’s decedent, Damien Jamal Glover. The issue before the Court is Nurse Simon’s special plea of sovereign immunity, which, if granted, would limit Plaintiff’s right of recovery. Whitley v. Commonwealth, 260 Va. 482, 493, 538 S.E.2d 296, 302 (2000). As the moving party, the Defendant has the burden of proving immunity is warranted by the evidence. Id. After careful consideration of the pleadings,…