Virginia: Nursing Homes – A Lawyer’s Demurrers

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By letter opinion dated March 23, 2020, Richmond Circuit Court overruled the medical malpractice Defendants’ Demurrer regarding punitive damages, finding Plaintiff alleged willful and wanton conduct in sufficient detail, id. at 2; and overruled Defendant nursing services’ Demurrer regarding contractual and statutory duties, finding sufficient Plaintiff’s allegations that Defendant separately assumed certain duties not included in its contract. Id. at 3. The case is Sloan v. Encompass Home Health of Mid Atlantic, LLC, No. 19-2153.