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State court of last resort · ST-VA-SC
McCloskey v. Kane
No. 040264Supreme Court of Virginia
040264 McCloskey v. Kane 11/05/2004 The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immuni…
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040264 McCloskey v. Kane 11/05/2004 The trial court erred in dismissing a wrongful death action against an emergency medical care…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 5, 2004
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040264 McCloskey v. Kane 11/05/2004 The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immunity. The Commonwealth's interest and involvement in the defendant doctor's functions was slight and its control limited. Therefore, defendant was not entitled to the protection of the doctrine of sovereign immunity from liability for his alleged negligent acts in treating the decedent, and the trial court erred in sustaining the defendant's plea of sovereign immunity. The judgment is reversed and the case is remanded for further proceedings.
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040264 McCloskey v. Kane 11/05/2004 The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immunity. The Commonwealth's interest and involvement in the defendant doctor's functions was slight and its control limited. Therefore, defendant was not entitled to the protection of the doctrine of sovereign immunity from liability for his alleged negligent acts in treating the decedent, and the trial court erred in sustaining the defendant's plea of sovereign immunity. The judgment is reversed and the case is remanded for further proceedings.
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