Torts

Question 1

City Negligence Notice

Answer 1

A city must be given a written notice of a negligence claim against it (within 6 months) which includes:
1. Location of events giving rise to the claim;
2. Nature of the claim;
3. Date and time of events giving rise to the claim

Question 2

When is the Negligence Notice considered filed?

Answer 2

When it is received in the office of the official to whom the notice is directed

Question 3

Can an imperfect Negligence Notice be cured?

Answer 3

Yes

Imperfect notice can be cured if the city attorney, chief executive, mayor, or any insurer or coverage entity had ACTUAL NOTICE of the claim within 6 months

(Like if a claim was filed with insurance or the city investigated or if it was on the news)

Question 4

What is the difference between governmental functions and proprietary functions for a locality?

Answer 4

A locality cannot be sued for SIMPLE NEGLIGENCE when performing Government functions, but can for proprietary functions

Question 5

What are governmental functions?

Answer 5

Activities performed as a part of localities’ obligation to provide for general welfare, safety, and security of people

1. Police; 2. Fire protection; 3. Public Education; 4. Public health services

Question 6

What are proprietary functions?

Answer 6

Activities the gov performs that can be performed by a private entity.

1. Operation of utilities;
2. Maintenance of public park & rec facilities;
3. Public housing;
4. Transportation services

Question 7

What is the statute of limitations for personal injury?

Answer 7

2 years after claim accrues

Question 8

Can the SOL for personal injury be tolled?

Answer 8

Yes; if a person becomes incapacitated, the time they were incapacitated will not be included in the two years.

If a guardian is appointed, the SOL becomes within a year of appointment, or two years, whichever is LATER

Question 9

What is the Dillon Rule?

Answer 9

Local governments only have the power explicitly granted to them by the state

Question 10

What is sovereign immunity? (Gov Employees)

Answer 10

Applies to discretionary acts of government employees. To determine if an employee is entitled to sovereign immunity, a court must consider:

1. NATURE AND FUNCTION (the employee performs)
2. Extent of the employees INTEREST AND INVOLVEMENT in function;
3. DEGREE OF CONTROL and direction EXERCISED over employee by gov;
4. Whether act in question INVOLVED EXERCISE OF DISCRETION

Question 11

Dangerous Condition and Contributory Negligence

Answer 11

Where a plaintiff knew about a dangerous condition, but without reasonable excuse forgot about the dangerous condition, he is guilty of contributory negligence if he is injured as a matter of law

Question 12

Does a city have sovereign immunity?

Answer 12

Yes

A city enjoys sovereign immunity for claims arising out of its performance of governmental functions

Still doesn’t lose immunity if an employee acts with gross negligence or intentionality

Question 13

What is gross negligence

Answer 13

Disregard of prudence amounting to complete neglect of the safety of another.

Emphasizes the importance of deliberate conduct.

Question 14

Is VA a contributory negligence state? What does that mean?

Answer 14

Yes;

If a plaintiff is found to be contributorily negligence AT ALL, recovery is completely barred for them.