Kitchen v. Department of Highways & Transportation

By JUDGE THOMAS J. MIDDLETON

This matter is before the Court on Defendant Commonwealth’s Motion in Limine to Strike Plaintiffs’ demand for a jury trial. After reviewing Defendant’s Memorandum of Law, Plaintiffs’ Memorandum in Opposition, and the relevant legal authority, the Court grants Defendant’s motion and orders the matters tried without a jury.

Defendant asserts that in cases arising under the Virginia Tort Claims Act (VTCA), § 8.01-195.1 et seq., neither a constitutional nor a statutory right to a jury trial exists; that since claims against the sovereign were not recognized at common…