Breeding Ex Rel. Breeding v. Hensley

Generally, this case is about the law of public nuisances. Specifically, the case is about how a demurrer to an amended motion for judgment must be considered. Because of the disposition we make of the demurrer issue, we must also consider the application of Code § 8.01-222, which deals with notice to be given cities and towns of claims for damages for negligence.

In 1993, appellant Melinda Breeding, an infant suing by her mother as next friend, filed this action against appellees William Edward Hensley and the Town of Lebanon. In a two-count motion for judgment, the plaintiff alleged she was…