Odom v. Commonwealth

By JUDGE MELVIN R. HUGHES, JR.

The Court took defendant’s Special Plea of the Virginia Tort Claims Act under advisement when the hearing ended on October 25, 1990.

In this wrongful death medical malpractice case, the first question raised is whether the action now pending against the Commonwealth of Virginia is time barred after the Court granted a sovereign immunity motion on behalf of the Medical College of Virginia (MCV), the original defendant. The parties agree, for purposes of the time bar question, that the proper notices under the Virginia Tort Claims Act and the Virginia Medical…