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State court of last resort · ST-VA-SC
Evans v. Evans
No. 091469Supreme Court of Virginia
091469 Evans v. Evans 06/10/2010 In a personal injury suit by a minor child against a parent for negligence in failing to secure her in a proper child restraint device when traveling in a motor vehicle on the …
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091469 Evans v. Evans 06/10/2010 In a personal injury suit by a minor child against a parent for negligence in failing to secure …
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 10, 2010
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Docket entry
091469 Evans v. Evans 06/10/2010 In a personal injury suit by a minor child against a parent for negligence in failing to secure her in a proper child restraint device when traveling in a motor vehicle on the highways of Virginia, the provisions of Code § 46.2-1095(C) and Code § 46.2-1098 precluding claims of negligence per se in failure to comply with child seat restraint laws while transporting a minor in a vehicle, do not abrogate a common law action for negligence. The judgment granting a demurrer and dismissing the child's common law negligence case, which was not pled under the statutes, is reversed and the case is remanded.
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