Va. high court rules on Henrico wrongful-death suit
November 9, 2009
Parents have a broad duty to assure the welfare of a juvenile guest, even when harm comes to that guest from a third party outside the home.
In a split decision yesterday, the state Supreme Court reinstated and sent back to Henrico County Circuit Court a wrongful-death case in which a 14-year-old guest died in a car crash.
A Henrico judge had ruled that the duty of the parents overseeing the guest did not extend to the circumstances alleged in the suit.
But yesterday’s decision, written by Chief Justice Leroy R. Hassell Sr., argues that not recognizing a broader duty invites “absurd results” and diminishes liability.
“This decision vindicates what we have been arguing” since December 2006, when Michael H. Kellermann filed suit on behalf of his deceased daughter, said attorney Mark J. Krudys.
Read Article: Richmond Times-Dispatch
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