Terry v. Irish Fleet Inc.

A widow failed to state a claim against her late husband’s employer for his wrongful death (he was a taxi driver murdered by his passenger). The high court held that a voluntarily assumed duty to warn or protect against the danger of criminal assault by a third person should be confined to express undertakings. Because the plaintiff’s claim that the employer voluntarily assumed a duty to warn or protect her husband against the danger of criminal assault was based on an implied undertaking, her allegations are insufficient to state a claim. Three justices dissented.

Terry v. Irish Fleet Inc., No. 170288, Sept. 27, 2018. SCV (McClanahan) from Petersburg (Baskervill).



Categories: Opinions, Published, Supreme Court of Virginia

Tags: ,

%d bloggers like this: