Kelly v. Varnell

By Judge Mary Jane Hall

The matter comes before the Court on the defendant’s “Demurrer and/ or Special Plea of Sovereign Immunity.” The sole question presented is whether the Complaint sufficiently alleges facts that would support a finding of gross negligence against Dr. Vamell, who was serving as a resident physician for the Eastern Virginia Medical School at the time of the events at issue. As such, Dr. Vamell would be entitled to the protection of sovereign immunity for acts of ordinary negligence. The Court concludes that the facts alleged support only a claim for ordinary negligence and…