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State court of last resort · ST-VA-SC
Kellermann v. McDonough
No. 081718Supreme Court of Virginia
081718 Kellermann v. McDonough 11/05/2009 In a wrongful death action involving a minor decedent who was staying overnight in the home of her friend, in the care of that friend's parents, but was killed after b…
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081718 Kellermann v. McDonough 11/05/2009 In a wrongful death action involving a minor decedent who was staying overnight in the …
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 5, 2009
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081718 Kellermann v. McDonough 11/05/2009 In a wrongful death action involving a minor decedent who was staying overnight in the home of her friend, in the care of that friend's parents, but was killed after being allowed to ride in a vehicle driven by another minor against the decedent's father's express instructions, the trial court erred in sustaining a demurrer as to both defendants on plaintiff's common law duty of supervision and care claim and as to the defendant mother on plaintiff's claim of assumption of duty, since the averments adequately alleged that she undertook to protect the decedent from inexperienced and/or young male drivers. However, the trial court did not err in susta…
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