Lostrangio v. Laingford
Supreme Court of Virginia
1Opinion of the CourtJustice Koontz
In this appeal, we consider whether the trial court erred in sustaining a plea in bar of sovereign immunity under Code § 15.2-1809 in a personal injury lawsuit filed against a locality.
BACKGROUND
The case was submitted to the trial court on the pleadings. Under well settled principles, where no evidence is taken in support of a plea in bar, the trial court, and the appellate court upon review, consider solely the pleadings in resolving the issue presented. In doing so, the facts stated in the plaintiff’s motion for judgment are deemed true. Tomlin v. McKenzie, 251 Va. 478, 480, 468 S.E.2d 882,…
2Cases cited7 opinions
- Frazier v. City of NorfolkSupreme Court of Virginia · 1987
- Tomlin v. McKenzieSupreme Court of Virginia · 1996
- Chapman v. City of Virginia BeachSupreme Court of Virginia · 1996
- City of Winchester v. American Woodmark Corp.Supreme Court of Virginia · 1995
- Hawthorn v. City of RichmondSupreme Court of Virginia · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Schmidt v. Household Finance Corp., IISupreme Court of Virginia · 2008
- Niese v. City of AlexandriaSupreme Court of Virginia · 2002
- Gray v. VIRGINIA SECRETARY OF TRANS.Supreme Court of Virginia · 2008
- Lee v. City of NorfolkSupreme Court of Virginia · 2011
- RML Corp. v. Lincoln Window Products, Inc.Norfolk County Circuit Court · 2004
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