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Keywords

damagesnegligenceliabilitytrialpleamotionwillsustained

damagesnegligenceliabilitytrialpleawillsustained

Related Cases

Moore v. Warren, 250 Va. 421, 463 S.E.2d 459

Facts

William R. Warren was driving Mary A. Moore to a medical facility when their vehicle collided with another vehicle, resulting in injuries to Moore, who later died from unrelated natural causes. David E. Moore, as the administrator of her estate, filed a motion for judgment against Warren, alleging negligence. Warren claimed charitable immunity, stating he was driving a car owned by the American Red Cross and was serving as an unpaid volunteer at the time of the accident. The trial court sustained Warren's plea of charitable immunity.

Warren filed a plea of charitable immunity asserting that, at the time of the accident, he was driving a car owned by the American Red Cross and that he was serving as an unpaid volunteer for the Red Cross.

Issue

Whether a person performing the work of a charity as a volunteer is entitled to the protection of the charitable immunity doctrine.

The doctrine of charitable immunity adopted in Virginia precludes a charity's beneficiaries from recovering damages from the charity for the negligent acts of its servants or agents if due care was exercised in the hiring and retention of those agents and servants.

Rule

The doctrine of charitable immunity in Virginia precludes a charity's beneficiaries from recovering damages from the charity for the negligent acts of its servants or agents if due care was exercised in the hiring and retention of those agents and servants.

If the charity's servants and agents are not under the umbrella of immunity given the institution itself and they are exposed to negligence actions by the charity's beneficiaries, the 'good work' of the charity will be adversely impacted.

Analysis

The court applied the rule of charitable immunity by determining that Warren, as a volunteer for the American Red Cross, was engaged in work for the charity at the time of the accident. The court reasoned that denying immunity to volunteers would undermine the charitable institution's ability to operate effectively and discourage charitable activities. The court emphasized that the public policy in Virginia supports encouraging charitable work, and thus, the immunity extends to volunteers.

Thus, this Court's stated preference for legislative action is limited in scope and is based on a need to avoid the potentially detrimental results that would flow from judicial abrogation or limitation of the doctrine.

Conclusion

The Supreme Court of Virginia affirmed the trial court's judgment, holding that a volunteer of a charity is immune from liability to the charity's beneficiaries for negligence while engaged in the charity's work.

For the reasons stated, we conclude that under the doctrine of charitable immunity, a volunteer of a charity is immune from liability to the charity's beneficiaries for negligence while the volunteer was engaged in the charity's work.

Who won?

William R. Warren prevailed in the case because the court upheld his claim of charitable immunity, determining that he was acting within the scope of his volunteer duties for the American Red Cross at the time of the accident.

The trial court sustained Warren's plea.

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