Virginia Supreme Court upholds grant of Charitable Immunity to local business

Ben Glass — Mon, 31 Aug 2009 20:26:29 GMT

The Supreme Court of Virginia has upheld a challenge to Virginia's charitable immunity law in a case involving a 25 year old severely mentally and physically disabled man.

Juan Jimenez, through his court appointed guardians, had alleged that employees of Didlake, Inc. a Virginia corporation were negligent in there handling of him and that as a result, he suffered a severely fractured leg.

In the trial court Didlake asserted that dispite the fact that it generates over $32 million per year in revenues, that because it was not for profit and benefitted disabled workers it should be immune from Jiminez's lawsuit. A Prince William County judge agreed and dismissed the case.

Jimenez appeale but the Supreme Court of Virginia agreed, finding that there was no error.

The common law doctrine of charitable immunity protects a company such as Didlake from a suit filed by anyone who has 'benefited' from the charityable work. The law has been abolished or strictly limited in most states. If the law is ever to be changed that change will likely have to come from the Virginia General Assembly.

Virginia lawyer's weekly has more on the charitable immunity story here.

Originally posted at InjuryBoard by Ben Glass

Disabled Adult To Supreme Court with Charitable Immnunity Challenge

Ben Glass — Sat, 04 Apr 2009 19:59:01 GMT

A disabled adult from Prince William County, Virginia will take the dismissal of his lawsuit against Didlake, Inc. the Virginia Supreme Court.

Juan Jimenez, who is severely disabled from seizures suffered as an infant, alleged that he was injured while in the care of Didlake, Inc. an organization devoted to caring for and employing disabled adults. When his guardian filed suit on his behalf, claiming Jimenez's leg was broken while in the care of Didlake employees, Didlake moved to dismiss the lawsuit, claiming that it was an charitable organization entitled to full immunity.

After a hearing the court agreed and dismissed the lawsuit.

Read more about the appeal to the Supreme Court of Virginia on the dismissal of this lawsuit here.

Originally posted at InjuryBoard by Ben Glass

Northern Virginia Personal Injury Lawyer - Nursing Home & Elder Abuse

Virginia Supreme Court upholds grant of Charitable Immunity to local business

Disabled Adult To Supreme Court with Charitable Immnunity Challenge