Virginia: Special Cases – a Lawyer’s VTCA

Virginia: Special Cases – a Lawyer’s VTCA

On February 12, 2016, Phelan v. Commonwealth, No. 150591, was decided by the Virginia Supreme Court. It upheld the Circuit Court of Southampton finding an inmate’s personal injury claim barred by sovereign immunity for failing to meet the statutory notice requirements of the Virginia Tort Claims Act (“VTCA”), Va. Code §8.01-195.1, et seq. Id. at 5.

Phelan concluded that plaintiff “has made no attempt to explicitly include the identity of the agency or agencies alleged to be liable in her notice of claim,” as required by Va. Code §8.01-195.6. Id. “Even where such [identity] information is easily inferred from the notice of claim,” that is insufficient. Id.