21 Feb Virginia Auto Accidents: Motion to Strike – a Lawyer’s Pleading
Virginia defense counsel can file a Motion to Strike various aspects of a lawsuit in vehicle accident, sexual abuse, product liability, premises liability, and all other personal injury cases. Such Motions may strike at particular claims, exhibits, etc.
A Motion to Strike “requires the trial court to accept as true all the evidence favorable to the plaintiff as well as any reasonable inference a jury might drawn therefrom which would sustain the plaintiff’s cause of action.” Green v. Ingram, 269 Va. 281, 290 (2005)(grant of motion to strike for sovereign immunity on claim of gross negligence reversed and remanded). The court “is not to judge the weight and credibility of the evidence, and many not reject any inference from the evidence favorable to the plaintiff unless it would defy logic and common sense.” Id. “At trial court should resolve any reasonable doubt as to the sufficiency of the evidence in the plaintiff’s favor and should grant the motion only when ‘it is conclusively apparent that [the] plaintiff has proven no cause of action against defendant’.” Id.