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KOFFMAN v. GARNETT

Record No. 020439.

574 S.E.2d 258 (2003)

265 Va. 12

Andrew W. KOFFMAN, an Infant by his Father and Next Friend, Richard Koffman, et al., v. James GARNETT.

Supreme Court of Virginia.

January 10, 2003.

Attorney(s) appearing for the Case

Patrick T. Fennell (P. Brent Brown; Carter, Brown, Osborne & Jennings, on briefs), Roanoke, for appellants.

Iris W. Redmond (Midkiff, Muncie & Ross, on brief), Richmond, for appellee.

Present: All the Justices.

Opinion by Justice ELIZABETH B. LACY.

In this case we consider whether the trial court properly dismissed the plaintiffs' second amended motion for judgment for failure to state causes of action for gross negligence, assault, and battery.

Because this case was decided on demurrer, we take as true all material facts properly pleaded in the motion for judgment and all inferences properly drawn from those facts. Burns v. Board of Supvrs., 218 Va. 625,...

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