Essay Rules, June 2019 Flashcards
When does a city in Virginia enjoy sovereign immunity from tort liability?
A city enjoys sovereign immunity when its officers or agents are engaged in a governmental function. It does not have immunity when performing a proprietary function, such as maintaining utilities.
What is the rule for tort liability in the operation and maintenance of recreational facilities by a city?
A city is not subject to tort liability for the conduct of its officers and agents in the operation and maintenance of recreational facilities unless that conduct constitutes gross negligence.
What constitutes gross negligence?
Gross negligence is a complete neglect for the safety of another and the absence of even slight diligence.
What is a motion to strike the evidence?
A motion to strike tests the sufficiency of the plaintiff’s evidence to determine whether a prima facie case has been established.
What must a plaintiff prove to establish a city’s liability for negligence?
The plaintiff must prove that the city was grossly negligent and that the city had actual or constructive notice of the defect that caused the injury.
What is actual notice in a municipal liability case?
Actual notice occurs when the proper municipal officer or servant has actual knowledge of the defect.
What is constructive notice in a municipal liability case?
Constructive notice occurs when the defect has existed for such a length of time that it could have been discovered through the exercise of ordinary care.
Why was the City of Hampton not liable for Daisy’s injury in the park?
The hole was covered by grass, making it difficult to discover, and the city’s daily inspections did not establish actual or constructive notice. The lack of notice and the absence of gross negligence meant the city was not liable.
How does the analysis change if the hole were on a public sidewalk?
Sidewalk maintenance is a proprietary function, meaning the city does not have sovereign immunity. If the hole was visible and employees conducted daily inspections, the city could have constructive notice and be liable for negligence.
