Jones v. Commonwealth

BY JUDGE JOHN C. KILGORE

At the conclusion of an ore terms hearing conducted at Wise County Circuit Court on May 19, 2004, the Court placed under advisement defendant’s demurrer and motion for summary judgment based upon a plea of sovereign immunity. After a review of the demurrer, arguments of the parties, defendant’s memorandum in support of motion for summary judgment, and the authorities cited by counsel, I make the following findings of fact and conclusions of law.

In this slip and fall action, brought under the Virginia Tort Claims Act (VTCA), Loretta Jones alleges that she sustained…