Legal Opinion
Baumgardner v. Southwestern Virginia Mental Health Institute
Supreme Court of Virginia
Decided April 15, 1994No. Record 930625PublishedCited by 22 opinions
1Opinion of the CourtJustice Keenan
This appeal presents an issue of sovereign immunity arising from the trial court’s dismissal of a negligence action pursuant to a stated exception in the Virginia Tort Claims Act, Code §§ 8.01-195.1 to -195.9 (the Act).
George E. Baumgardner, administrator of the estate of Non Thi Baumgardner, filed a motion for judgment against Southwestern Virginia Mental Health Institute (Southwestern), the State Mental Health and Mental Retardation Board (the Board) 1 , and the Commonwealth of Virginia. Baumgardner alleged that the negligence of the defendants’ employees, who were acting within the scope…
2Cases cited7 opinions
- James v. JaneSupreme Court of Virginia · 1980
- Elizabeth River Tunnel District v. BeecherSupreme Court of Virginia · 1961
- Virginia Electric & Power Co. v. Hampton Redevelopment & Housing AuthoritySupreme Court of Virginia · 1976
- Hyman v. GloverSupreme Court of Virginia · 1986
- Eriksen v. AndersonSupreme Court of Virginia · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Whitley v. CommonwealthSupreme Court of Virginia · 2000
- Rector & Visitors of the University v. CarterSupreme Court of Virginia · 2004
- Halberstam v. CommonwealthSupreme Court of Virginia · 1996
- Melanson v. CommonwealthSupreme Court of Virginia · 2001
- Creed v. Commonwealth of VirginiaDistrict Court, E.D. Virginia · 2009
17 more not listed; retrieve them via the Exa API.