![]() As stated, supra, his facts are governed by Rule 1:4(d), but his negligence allegations are governed only by Rule 3:18(b) and there is no Virginia Supreme Court authority for editing particular negligence allegations by Demurrer (or otherwise). 8, 2006) held “pleadings are not required to assert anything more than a general allegation of negligence”.īut Plaintiff cannot be pilloried – black-lined and blue-penciled – for gratuitously giving Defendants a heads-up that there may be other particulars of negligence. 7, 2005) held “plaintiff is only required to allege that some negligence occurred without being required to state the particulars of the negligence”. 278, 284 (1960) held that “a particular of the defendant’s negligence was not required to be specified under Rule 3:18”. 438, 439 (1967)(medical malpractice case reversing a supposed failure to state a claim) found sufficient plaintiff’s general pleading of negligence that defendant “proximately caused injury to the plaintiff, both mental and physical”. 23, 28 (1991) reaffirmed the Rule 3:18 principle that “an allegation of ‘negligence’ is sufficient without specifying the particulars.” Moore v. is sufficient without specifying the particulars of the negligence.” Va. Virginia pleading expressly does not require plaintiffs to itemize details of negligence. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc., 23 Va. 18, 2015)(unidentified employee/agent) Atkinson v. 20, 2015)(unidentified employee) Locasio v. 10, 2016)(unidentified employee/agent) Doe v. 18, 2016)(“Plaintiff has given sufficient notice on the issue of vicarious liability in his Complaint.”) Panth v. General generic allegations suffice for vicarious liability of Defendant, factually and legally. ![]() Indeed, some recent decisions even predicate granting amendment of Complaints on “catch-all” allegations of negligence. 7, 2005)(Bill of Particulars) Atkinson v. 30, 2009)(Demurrer and Motion for Bill of Particulars) Belay v. 13, 2011)(Demurrer and Motion for Bill of Particulars) Marrs v. 1, 2011)(Demurrer and Motion for Bill of Particulars) Wilks v. 21, 2011)(Demurrer and Motion for Bill of Particulars) Lewis v. 2, 2011)(Demurrer and Motion for Bill of Particulars) Lee v. ![]() 16, 2011)(Demurrer and Motion for Bill of Particulars) Martin v. 2012)(Demurrer and Bill of Particulars) Switzer v. 21, 2013)(Demurrer and Bill of Particulars) Abdulrahim v. 2013-1956, Order (Stafford Jun 18, 2015)(Demurrer and Bill of Particulars) Sekulich v. 20, 2015)(Bill of Particulars) Locasio v. 18, 2016)(Demurrer and Bill of Particulars) Panth v. ![]() Recent decisions correctly overrule Demurrers and deny Motions for Bills of Particulars to Complaints that make only general allegations of negligence. “In order to withstand demurrer, notice pleading requires only allegations sufficient to inform defendants of the nature and character of the claim being made without the necessity of having to provide details.” Boy Blue, Inc. 7, 2008)(denying Demurrer re certain allegations, observing Virginia “is a notice pleading jurisdiction”). “As Virginia is a notice pleading state, even a flawed complaint will survive demurrer if it is drafted so that the defendant is on notice of the nature of the claim.” Lodal v. ![]() “ Rule 1:4 and correlative statutes represent ‘a radical departure’ from rules of common-law pleading”. It is hornbook that Virginia is a “notice” pleading state: “Every pleading shall state facts on which the party relied in numbered paragraphs, and it shall be sufficient if it clearly informs the opposite party of the true nature of the claim or defense.” Va. “t is unnecessary for the pleader to descend into statements giving the details of the proof in order to withstand demurrer” if the complaint informs the defendant of the nature and character of the claim. On demurrer, the issue simply is whether the Complaint alleges “sufficient facts to constitute a foundation in law for the judgment sought, and not merely conclusions of law.” Kitchen v. 378, 385 (2008)(Demurrer only “can be sustained if the pleading, considered in the light most favorable to the plaintiff, fails to state a valid cause of action as admitted the facts expressly alleged and those which fairly can be viewed as impliedly alleged or reasonably inferred from the facts alleged”)(emphasis added). “ Because a demurrer goes to a whole pleading to which it is addressed, it should be overruled if any part of the pleading states a cause of action upon which relief may be granted.” Doe v. A demurrer is used solely to make “the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted.” Va. ![]()
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