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State court of last resort · ST-VA-SC
Terry v. Irish Fleet, Inc.
No. 170288Supreme Court of Virginia
170288 Terry v. Irish Fleet, Inc. 09/27/2018 The circuit court did not err in dismissing a wrongful death case on demurrer. Virginia law recognizes two theories upon which a duty to warn or protect against cri…
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170288 Terry v. Irish Fleet, Inc. 09/27/2018 The circuit court did not err in dismissing a wrongful death case on demurrer. Virgi…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Sep 27, 2018
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170288 Terry v. Irish Fleet, Inc. 09/27/2018 The circuit court did not err in dismissing a wrongful death case on demurrer. Virginia law recognizes two theories upon which a duty to warn or protect against criminal assault by a third party: a duty arising from the existence of a special relationship, and a duty voluntarily assumed by an express undertaking. In this case, the amended complaint against several defendants alleging, among other things, that a taxicab fleet operator and dispatching service assumed a duty to warn cab drivers of suspicious calls from potential riders and was negligent in fulfilling that duty, was premised on an implied undertaking, and was therefore insufficient t…
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