Immunity. Several pieces of new legislation extend immunity from liability to certain classes of individuals, including teachers, doctors and architects under certain circumstances. One bill, effective immediately, grants immunity from civil damages to public school teachers who act in good faith and within their scope of employment while supervising, caring for, or maintaining discipline of students, unless the acts or omissions are the result of gross negligence or willful misconduct. (HB 2504 and SB1008) Similarly, physicians, serving without compensation, who advise an emergency or 911 system on protocols to be used when answering emergency calls will be immune from civil liability for their actions unless the act or omission which causes harm constitutes gross negligence or willful misconduct. (HB 1635) Civil immunity was also extended to any licensed architect who uses his professional skills without compensation in providing rescue or disaster relief assistance. Again, this immunity does not apply to gross negligence or willful misconduct. (HB 2383) Additionally, Senate Bill 1128 exempts from civil liability telecommunications service providers who, in good faith, render services in response to emergency calls. Charitable immunity was also extended for tort or contract liability to members of any church, synagogue or religious body for the actions of any officer, employee, leader, or other member thereof solely because of his or her membership in such church, synagogue or religious body. The bill does not prevent a person from being held liable for his own actions. (HB 1789)
Penalties for Serving Notice of Lien Without Basis. New legislation prohibits a judgment creditor or attorney from having a notice of lien served on a financial institution under Va. Code § 8.01-502 without having a reasonable basis for belief that the judgment debtor is entitled to a payment from the entity served with a notice of lien. Violations of this legislation can result in a $100 penalty for each wrongly served notice. This will prevent "fishing expeditions" for debtor accounts. (HB 1954)
Corporations and Partnerships in Small Claims Court. A new bill provides corporations and partnerships the same rights to file papers and represent themselves in small claims court as are currently enjoyed by an individual. (HB 1645)
General District Court Jurisdiction. The General Assembly has increased from $10,000 to $15,000 the ceiling amount of any civil claim to (i) specific property, (ii) any debt, fine or other money, or (iii) damages for breach of contract or for injury to a person or property recoverable over which the general district court has jurisdiction concurrent with the circuit court. The bill also increases this amount for attachment cases. (HB 2467)
Interest on Judgments Involving Negotiable Instruments. A conflict created by prior legislation was resolved by House Bill 2542. There was confusion as to the discretion accorded a court or jury with respect to interest awarded on negotiable instruments. This bill allows for the instrument to control where the instrument so specifies.
Service of Process. A series of bills directed at service of process was enacted into law. House Bill 1648 provides that only a sheriff may execute an order or writ of possession for personal, real or mixed property. House Bill 2321 provides that service upon a corporation shall be made only on the Clerk of the State Corporation Commission or the registered agent. Finally, House Bill 2539 allows personal service on a nonresident outside the Commonwealth to be the equivalent of personal service on a nonresident within the Commonwealth if the person served can currently be served by the Secretary of the Commonwealth under the "long arm" statute.
Lingering Lawsuits. A bill permits a court to "discontinue" an action that has been pending on its docket for a lengthy period of time without any order, proceeding or other evidence of moving forward. After an order of discontinuance has been entered, the case can be reinstated within one year. (HB 2708)
Frank K. Friedman
Mr. Friedman is a Principal in the Firm.
E-mail: friedman@woodsrogers.com