20 Feb Virginia Auto Accidents: Demurrer – a Lawyer’s Pleading
Virginia defense lawyers can demur that a lawsuit fails to state a legally cognizable claim in vehicle accident, wrongful death, brain injury, and all other personal injury cases. Although a Demurrer does not admit purely legal conclusions, it does admit all pleaded facts, and inferences therefrom; and plaintiffs need not show that they will prevail on the merits. E.g., Tronfeld v. Nationwide Mutual Ins. Co., 272 Va. 709, 713 (2006)(grant of demurrer reversed and remanded); Koffman v. Garnett, 265 Va. 12, 14 (2003)(reversing demurrer to second amended motion for judgment alleging gross negligence exception to sovereign immunity of school board employee).
“The purpose of a demurrer [simply] is to determine whether a Motion for Judgment states a cause of action upon which the requested relief may be granted.” Tronfeld, 272 Va. at 712. “A demurrer tests the legal sufficiency of facts alleged in pleadings, not the strength of proof. We accept as true all facts properly pleaded in the bill of complaint and all reasonable and fair inferences that may be drawn from those facts.” Hubbard v. Dresser, Inc., 271 Va. 117, 119 (2006)(grant of demurrer reversed and remanded)(quoting Glazebrook v. Board of Supervisors of Spotsylvania County reversing and remanding grant of demurrer).