UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION, et al.
v.
Hunter MORRIS, an Infant, by his Next Friends, Elizabeth Pierce MORRIS, his Mother, and David R. Morris, his Father, et al.
Stuart A. Howards, M.D., et al.
v.
Willard A. Searcy, as Administrator of the Estate of Cara. Leigh Searcy, Deceased, et al.
Crystal Ann MacArthur, a Minor, by her Mother and Next Friend, Deborah Ann York, et al.
v.
University of Virginia Health Services Foundation.
Supreme Court of Virginia.https://leagle.com/images/logo.png
February 29, 2008.
February 29, 2008.
Attorney(s) appearing for the Case
Donald R. Morin, Charlottesville (Michael L. Goodman; S. Vernon Priddy, III, Richmond; Bruce D. Gehle; Elizabeth G. Robertson, Glen Allen; Morin & Barkley; Goodman, Allen & Filetti; Sands, Anderson, Marks & Miller, on briefs), for appellants University of Virginia Health Services Foundation, Dr. James Edward Ferguson, II and Dr. Barbara B. Head.
Donald R. Morin (C.J. Steuart Thomas, III, Staunton; S. Vernon Priddy, III, Richmond; Bruce D. Gehle; James Mayson; Morin & Barkley; Timberlake, Smith, Thomas & Moses; Sands, Anderson, Marks & Miller, on briefs), for appellants Dr. Stuart A. Howards and Dr. Carl Lynch, II.
L. Steven Emmert, Virginia Beach (Lewis T. Stoneburner; Wallace B. Wason, Richmond; Sykes, Bourdon, Ahern & Levy; Cantor Arkema, on briefs), for appellants Crystal Aim MacArthur and Deborah Ann York.
Matthew B. Murray, Charlottesville (Gerald R. Walsh; Christine Thomson; Richard Armstrong; Richmond and Fishburne, on brief), for appellees Hunter Morris, Elizabeth Pierce Morris and David R. Morris.
R. Frazier Solsberry, Charlottesville (Ralph E. Main, Jr., on brief), for appellees Willard A. Searcy and Lisa A. Searcy.
Donald R. Morin, Charlottesville (C.J. Steuart Thomas, III, Staunton; S. Vernon Priddy, HI, Richmond; James D. Mayson; Morin & Barkley; Timberlake, Smith, Thomas & Moses; Sands, Anderson, Marks & Miller, on briefs), for appellee University of Virginia Health Services Foundation.
Amicus Curiae: The Virginia Trial Lawyers Association (Thomas E. Albro; R. Lee Livingston; Tremblay & Smith, on brief), in support of appellants Crystal Ann MacArthur and Deborah Ann York.
Present: All the Justices.
Supreme Court of Virginia.
OPINION BY Justice DONALD W. LEMONS.
In these consolidated appeals, we consider whether the University of Virginia Health Services Foundation ("HSF") is entitled to charitable immunity.
I. FACTS AND PROCEEDINGS
A. Health Services Foundation
HSF is a "non-profit group practice health care provider organization" that employs the physicians who work at the University of Virginia School of Medicine...
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