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Virginia Supreme Court upholds grant of Charitable Immunity to local business

By Ben Glass

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.

Originally posted at InjuryBoard by Ben Glass

Full post as published by Northern Virginia Personal Injury Lawyer on August 31, 2009 (boomark / email).