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COWAN v. HOSPICE SUPPORT CARE, INC.

Record No. 032758.

603 S.E.2d 916 (2004)

268 Va. 482

Ingrid H. COWAN v. HOSPICE SUPPORT CARE, INC.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

Leila H. Kilgore (Kilgore & Smith, on briefs), Fredericksburg, for appellant.

Christine A. Williams (Bruce M. Marshall; DurretteBradshaw, on brief), Richmond, for appellee.

Amicus Curiae: The Virginia Trial Lawyers Association (Roger T. Creager, Hunt H. Whitehead, Richmond; Marks & Harrison, on brief), Charlottesville, in support of appellant.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and CARRICO, S.J.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether a plaintiff's claims of gross negligence and willful and wanton negligence against a charity are barred by the doctrine of charitable immunity.

For purposes of this appeal, the facts relevant to this issue of law and question of first impression are not in dispute. On July 9, 2001, the plaintiff, Ingrid H. Cowan, placed her mother, Ruth D. Hazelwood (the decedent), in Harbor House...

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