Legal Opinion

Garcia v. B & J Trucking, Inc.

Sussex County Circuit Court

Decided August 4, 2010No. Case No. CL09-114PublishedCited by 4 opinions

1Opinion of the Court

By Judge W. Allan Sharrett

This case comes before the Court on Defendant’s Brief in Support of Demurrer filed by B & J Trucking, Incorporated (“B&J”) and Robert Spencer to Nester Garcia’s Amended Complaint, which alleges, among other things, one count of negligence on the part of B&J for failing in its duty: (1) to train and instruct its driver, Spencer; and (2) to supervise Spencer’s actions. The following discussion considers whether such legal duties exist in the Commonwealth of Virginia.

Summary of the Facts

This case is the result of a motor vehicle collision in which defendant Spencer was…

2Cases cited8 opinions

  1. Chesapeake & Potomac Telephone Co. v. DowdySupreme Court of Virginia · 1988
  2. Sadler v. LynchSupreme Court of Virginia · 1951
  3. Eley v. EvansDistrict Court, E.D. Virginia · 2007
  4. Courtney v. Ross Stores, Inc.Fairfax County Circuit Court · 1998
  5. Thompson v. Town of Front RoyalDistrict Court, W.D. Virginia · 2000

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3Cited by4 opinions

  1. Hernandez v. Lowe's Home Centers, Inc.Norfolk County Circuit Court · 2011
  2. Lawrence v. Hospitals-NorfolkNorfolk County Circuit Court · 2015
  3. Bush v. Serco, Inc.Norfolk County Circuit Court · 2015
  4. Hope v. CommonwealthAugusta County Circuit Court · 2015

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