24 Mar Virginia: Medical Malpractice – a Lawyer’s Immunity
On March 20, 2017, United States District Court for the Western District of Virginia, Charlottesville Division, entered Memorandum Opinion in the wrongful death case of Whitacre v. Thiele, 2017 WL 1048133. Sitting in diversity under Virginia law, id. at 6, it denied the Defendant UVA physician summary judgment on sovereign immunity, finding genuine issues of material fact to be decided by the jury at trial. Id. at 1, 14.
As required, Whitacre viewed the record “in the light most favorable to the non-moving party,” i.e., Plaintiff. Id. at 6. It also took “judicial notice of information publicly available on the website maintained by the [state entity]”. Id. at 2 n. 1.