Legal Opinion
Cleaves-McClellan v. Shah
Hampton County Circuit Court
Decided June 30, 2016No. Case No. (Civil) CL15-1918PublishedCited by 2 opinions
1Opinion of the Court
*460By
Judge David W. Lannetti
Today the Court rules on separate pleas in bar based on sovereign immunity filed by defendants the City of Hampton (“Hampton”), the City of Newport News (“Newport News”), the Hampton-Newport News Community Services Board (the “CSB”), and Mukesh H. Shah, M.D., as well as demurrers filed by the CSB and Shah. The issue regarding the pleas in bar is whether the defendants are entitled to sovereign immunity from claims of negligence alleged by plaintiff Traci Cleaves-McClellan. The Court finds, based on the CSB’s serving a governmental function, that Hampton and Newport…
2Cases cited47 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- CaterCorp, Inc. v. Catering Concepts, Inc.Supreme Court of Virginia · 1993
- James v. JaneSupreme Court of Virginia · 1980
- Messina v. BurdenSupreme Court of Virginia · 1984
- Ward's Equipment, Inc. v. New Holland North America, Inc.Supreme Court of Virginia · 1997
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3Cited by2 opinions
- Baka v. City Of NorfolkDistrict Court, E.D. Virginia · 2022
- Petty, Livingston, Dawson & Richards, PC v. Centra Health, Inc.District Court, W.D. Virginia · 2020