MacArthur v. University of Virginia Health Services Foundation

By Judge Randy I. Bellows

The present motion before the Court is the Defendant’s, University of Virginia Health Services Foundation (“HSF”), Special Plea of Charitable Immunity. Both parties have fully briefed the issue. The Court heard oral argument on this matter on September 21, 2006. After consideration of the briefs, oral argument, applicable case law, and the transcript from the September 21, 2006, hearing, the issue is ripe for decision. For the reasons stated below, the defendant’s Special Plea of Charitable Immunity is sustained.

Factual Background

The present litigation concerns events…