Estate of Zabrovskiy v. Beth Sholom Home of Virginia, Inc.

By Judge Catherine C. Hammond

This matter is before the Court on Defendant’s plea in bar. This Court heard the evidence on October 12, 2012. The issue is whether Defendant is immune from tort liability under the common law doctrine of charitable immunity.

In 2007, Mr. Zabrovskiy was a patient at a local hospital. He moved from the hospital to the defendant nursing home, Beth Sholom Home of Virginia, Inc. (“Beth Sholom”). While at Beth Sholom, he received treatment for a bedsore on his right foot. About a year after admission, he suffered fractures to his right leg. On July 22,2008, he was…