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BYRD THEATRE FOUNDATION v. BARNETT

Record No. 130691.

754 S.E.2d 299 (2014)

THE BYRD THEATRE FOUNDATION v. David M. BARNETT.

Supreme Court of Virginia.

February 27, 2014.

Attorney(s) appearing for the Case

Lynne Jones Blain ( Lester C. Brock, III ; Harman, Claytor, Corrigan & Wellman, on briefs), for appellant.

Mahlon G. Funk, Jr. ( Hirschler Fleischer , on brief), Richmond, for appellee.

Amicus Curiae: Virginia Trial Lawyers Association ( Nathan J.D. Veldhuis ; Gobind Sethi ; Samanha K. Sledd ; Chaikin, Sherman, Cammarata and Siegel; Hall & Sethi, on brief), in support of appellee.

PRESENT: All the Justices.

Opinion by Justice ELIZABETH A. McCLANAHAN.

In this premises liability action, The Byrd Theatre Foundation (the Foundation) appeals a final judgment entered against it in favor of David M. Barnett (Barnett). The Foundation argues that the circuit court erred in denying its plea of charitable immunity and in failing to instruct the jury on notice to a corporation. We will affirm the judgment of the circuit court.

I. BACKGROUND

The Foundation, a non...

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