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Elliott v. Carter
160224 Elliott v. Carter 10/27/2016 In a wrongful death action turning upon allegations of gross negligence, even viewing the evidence in the light most favorable to plaintiff, the non-moving party, as require…
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160224 Elliott v. Carter 10/27/2016 In a wrongful death action turning upon allegations of gross negligence, even viewing the evi…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- October 27, 2016
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160224 Elliott v. Carter 10/27/2016 In a wrongful death action turning upon allegations of gross negligence, even viewing the evidence in the light most favorable to plaintiff, the non-moving party, as required in considering a motion for summary judgment, the undisputed material facts support the conclusion that a peer leader of the decedent's Boy Scout troop exercised at least some degree of care in supervising the decedent and, therefore, his conduct did not constitute gross negligence. The circuit court did not err in finding that no reasonable jurist could find that the peer leader did nothing at all for the decedent's care, and thus there was no question for the jury, and the circuit…
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