Melanson v. Commonwealth, 539 S.E.2d 433 (Va. 2001). · Go Syfert
Melanson v. Commonwealth, 539 S.E.2d 433 (Va. 2001). Cases Citing This Book View Copy Cite
90 citation events (90 in the last 25 years) across 9 distinct courts.
Strongest positive: Coles v. Commonwealth (vactapp, 2004-12-14) · Strongest negative: Antonio Figueroa v. Commonwealth of Virginia (vactapp, 2015-04-07)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited "but see" Antonio Figueroa v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2015 · signal: but see · confidence high
But see, e.g., Melanson v. Commonwealth, 261 Va. 178, 184 , 539 S.E.2d 433, 435 (2001) (strict conformity with statutory notice is required for -4- notice of a hearing can take steps to protect his rights by, for example, objecting to the hearing or by moving to set aside the proceeding.
examined Cited as authority (verbatim quote) Coles v. Commonwealth (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2004 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.
examined Cited as authority (quoted) In re July 31, 2013, Decision of Board of Zoning Appeals (2×)
Fairfax Cir. Ct. · 2014 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.
examined Cited as authority (quoted) Campbell v. Harmon (2×)
Va. · 2006 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the primary objective of statutory construction is to ascertain and give effect to legislative intent. the plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.
cited Cited as authority (rule) Curtis David Lytle v. City of Suffolk
Va. Ct. App. · 2025 · confidence medium
Melanson v. Commonwealth, 261 Va. 178, 181 (2001).
discussed Cited as authority (rule) Carol Norman Drew v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Under the doctrine of sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees” unless an “express statutory or constitutional provision[] waiv[es] immunity.” Melanson v. Commonwealth, 261 Va. 178, 181 (2001).
examined Cited as authority (rule) Dawn Lewis Williams v. Commonwealth of Virginia (3×)
Va. Ct. App. · 2025 · confidence medium
Unless there is an express -5- statutory or constitutional provision waiving sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees.” Muwahhid, 77 Va. App. at 829 (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)). “[T]hrough the enactment of the VTCA, the General Assembly has provided an ‘express but limited waiver of the Commonwealth’s immunity from tort claims.’” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Melanson, 261 Va. at 181 ).
discussed Cited as authority (rule) Dawn Lewis Williams v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Unless there is an express statutory or constitutional provision waiving sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees.” Id. (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).
discussed Cited as authority (rule) Dawn Lewis Williams v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Unless there is an express statutory or constitutional provision waiving sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees.” Id. (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).
discussed Cited as authority (rule) Angela M. Greene v. City of Portsmouth
Va. Ct. App. · 2024 · confidence medium
Generally speaking, this doctrine renders “the Commonwealth and its agencies . . . immune from liability for the tortious acts or omissions of their agents and employees” unless an “express statutory or constitutional provision[] waiv[es] immunity.” Muwahhid, 77 Va. App. at 829 (second and third alterations in original) (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).
discussed Cited as authority (rule) Commonwealth of Virginia v. Hannah Fatima Muwahhid
Va. Ct. App. · 2023 · confidence medium
The Private-Person Clause Under the doctrine of sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees,” unless an 8 In its letter opinion, the trial court also ruled that appellee’s notice to the Commonwealth of her VTCA claim was proper, denied the named defendants’ demurrer to the remaining four counts brought under 42 U.S.C. § 1983 , and denied the named defendants’ demurrers as to appellee’s request for declaratory and injunctive relief. -6- “express statutory or constitutional provis…
cited Cited as authority (rule) Lucas Edward Ritchie v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Melanson v. Commonwealth, 261 Va. 178, 183 (2001); Harward v. Commonwealth, 229 Va. 363, 365 (1985).
cited Cited as authority (rule) Powers v. Virginia Dept. of Corrections
W.D. Va. · 2021 · confidence medium
Melanson v. Commonwealth, 539 S.E.2d 433, 434 (Va. 2001).
cited Cited as authority (rule) Truelove v. Commonwealth
Surry Cir. Ct. · 2012 · confidence medium
Melanson v. Commonwealth, 261 Va. 178, 181 (2001).
discussed Cited as authority (rule) Cunningham v. Rossman
Danville Cir. Ct. · 2010 · confidence medium
“Thus, the Commonwealth is immune from tort liability for the acts or omissions of its agents and employees unless an express statutory or constitutional provision waives that immunity.” Ligon v. County of Goochland, 279 Va. 312, 316 , 689 S.E.2d 666 (2010) (citing Rector & Visitors of the Univ. of Va. v. Carter, 267 Va. 242, 244 , 591 S.E.2d 76, 78 (2004); Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001); Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001)).
discussed Cited as authority (rule) Ligon v. COUNTY OF GOOCHLAND
Va. · 2010 · confidence medium
Rector & Visitors of the Univ. of Va. v. Carter, 267 Va. 242, 244 , 591 S.E.2d 76, 78 (2004); Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001); Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001).
cited Cited as authority (rule) City of Chesapeake v. Southeastern Public Service Authority
Chesapeake Cir. Ct. · 2006 · confidence medium
“The plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.” Melanson v. Commonwealth, 261 Va. 178, 183 , 539 S.E.2d 433, 435 (2001).
cited Cited as authority (rule) Ahari v. Fairfax County
Fairfax Cir. Ct. · 2006 · confidence medium
Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001).
discussed Cited as authority (rule) Moses v. Commonwealth (2×)
Va. Ct. App. · 2004 · confidence medium
I find both the holding, as well as its caveat, to be just the kind of "curious, narrow, or strained construction" of a statute, Melanson v. Commonwealth, 261 Va. 178, 183 , 539 S.E.2d 433, 435 (2001), that we should faithfully avoid.
cited Cited as authority (rule) Maddox v. Commonwealth
Va. · 2004 · confidence medium
Carter, 267 Va. at 245 , 591 S.E.2d at 78 ; Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001); Baumgardner, 247 Va. at 489 , 442 S.E.2d 402 .
cited Cited as authority (rule) MADDOX EX REL. MADDOX v. Com.
Va. · 2004 · confidence medium
Carter, 267 Va. at 245 , 591 S.E.2d at 78 ; Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001); Baumgardner, 247 Va. at 489 , 442 S.E.2d at 402 .
discussed Cited as authority (rule) Newman v. Newman (2×)
Va. Ct. App. · 2004 · confidence medium
Mary's Hosp., Inc., 266 Va. 472 , 476, 587 S.E.2d 567 , 569 (2003); Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001); Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001).
cited Cited as authority (rule) Monahan v. Obici Medical Management Services, Inc.
vacc · 2002 · confidence medium
See Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001); Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001).
cited Cited as authority (rule) Jackson v. Quantrex Integrated Technology Group, Inc.
vacc · 2002 · confidence medium
See Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001); Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001).
cited Cited as authority (rule) Patten v. Commonwealth
Va. · 2001 · confidence medium
Melanson v. Commonwealth, 261 Va. 178, 181 , 539 S.E.2d 433, 434 (2001); Baumgardner, 247 Va. at 489 , 442 S.E.2d at 401 ; VEPCO v. Hampton Red.
cited Cited as authority (rule) Commonwealth v. Evans
Southampton Cir. Ct. · 2001 · confidence medium
Every part of a law is “presumed to have some effect” and no words should be considered “superfluous.” Melanson v. Commonwealth, 261 Va. 178, 183 , 539 S.E.2d 433, 435 (2001) (citation omitted).
discussed Cited "see" Anthony Burchard v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2025 · signal: see · confidence high
See Code §§ 8.01-195.1 to -195.9. “[T]hrough the enactment of the VTCA, the General Assembly has provided an ‘express but limited waiver of the Commonwealth’s immunity from tort claims.’” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).
discussed Cited "see" Jaquan Hamilton, an infant, by his mother and next friend Tanisha Hamilton v. Morris Jackson
Va. Ct. App. · 2024 · signal: see · confidence high
See Melanson v. Commonwealth, 261 Va. 178, 181 (2001) (explaining that the abrogation of sovereign immunity provided for in Code § 22.1-194 is “in derogation of common law, and, therefore, its limited waiver of immunity must be strictly construed”).
discussed Cited "see" Carter v. Collins
W.D. Va. · 2024 · signal: see · confidence high
See Pennhurst, 465 U.S. at 99 (emphasizing that such waiver must be “unequivocally expressed”).5 Nor has the immunity been abrogated with respect to any 5 “An express but limited waiver of the Commonwealth’s immunity from tort claims was provided by the enactment of the Virginia Tort Claims Act in 1981.” Melanson v. Commonwealth, 539 S.E.2d 433, 434 (Va. 2001).
examined Cited "see" Daily Press, Inc. v. Commonwealth (4×)
Va. Ct. App. · 2012 · signal: see · confidence high
See Melanson v. Commonwealth, 261 Va. 178, 183 , 539 S.E.2d 433, 435 (2001) ("`The plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.'" (quoting Commonwealth v. Zamani, 256 Va. 391, 395 , 507 S.E.2d 608, 609 (1998))).
discussed Cited "see" Jeneary v. Commonwealth (2×)
Va. · 2001 · signal: accord · confidence high
“A statute is not to be construed by singling out a particular phrase; every part is presumed to have some effect and is not to be disregarded unless absolutely necessary.” Commonwealth v. Zamani, 256 Va. 391, 395 , 507 S.E.2d 608, 609 (1998); accord Melanson v. Commonwealth, 261 Va. 178, 183 , 539 S.E.2d 433, 435 (2001).
Retrieving the full opinion text from the archive…
Mona Melanson
v.
Commonwealth of Virginia
Record 000497.
Supreme Court of Virginia.
Jan 12, 2001.
539 S.E.2d 433
Dale Edwin Sanders (Becker, Hicks, Irving & Hadeed, on brief), for appellant., Kevin O. Barnard, Assistant Attorney General (Mark L. Earley, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General, on brief), for appellee.
Lemons.
Cited by 39 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #33,369 of 633,719
Citer courts: Supreme Court of Virginia (2) · Fairfax County Circuit Court (2) · Court of Appeals of Virginia (1)
JUSTICE LEMONS

delivered the opinion of the Court.

In this appeal, we consider whether mailing a notice of claim by certified mail, return receipt requested, is the exclusive method of filing a notice of claim against the Commonwealth under the Virginia Tort Claims Act (“the Act”). Code §§ 8.01-195.1 through -195.9. Holding that it is, we affirm the trial court’s dismissal of the motion for judgment by Mona Melanson (“Melanson”) against the Commonwealth.

I. Facts and Proceedings

On September 6, 1996, Melanson was injured as a result of a falling traffic sign allegedly owned and maintained by the Virginia Department of Transportation (“VDOT”). On September 4, 1997, Melanson mailed a letter by certified mail, return receipt requested, to D.B. Smit (“Smit”), Acting Director of the Division of Risk Management of the Commonwealth. The letter described Melanson’s injuries and the event that caused them, and requested compensation from the Commonwealth for negligent maintenance of the highway sign. The return receipt from the certified mailing indicated that the letter was received on September 16, 1997, more than one year from the date of her injuries. In addition to mailing the letter to Smit, counsel for Melanson hand-delivered a copy of the letter to the Divi[*181] sion of Risk Management on September 5, 1997, within one year from the date of her injuries.

Melanson filed a motion for judgment against the Commonwealth in the Circuit Court for the City of Alexandria under the provisions of the Act, alleging negligence by agents and employees of the Commonwealth. The Commonwealth filed a special plea of sovereign immunity, asserting that Melanson had failed to satisfy the notice requirements of the Act. The trial court granted the Commonwealth’s special plea and dismissed Melanson’s motion for judgment, finding that she “did not file a notice of her claim against the Commonwealth with the Director of the Division of Risk Management or the Attorney General by certified mail, return receipt requested, within one year after her cause of action accrued to her.”

On appeal, Melanson contends that the trial court erred in dismissing her motion for judgment. She asserts that “filing” and “mailing” are separate concepts and that mailing is not the only method of satisfying the filing requirement under Code § 8.01-195.6. Melanson maintains that her notice of claim was timely filed because it was hand-delivered to the Division of Risk Management within the one year period mandated by Code § 8.01-195.6. The Commonwealth argues that mailing is the only method of filing permitted under § 8.01-195.6 and her mailing was not received within one year of the accrual of her cause of action.

II. Analysis

In the absence of express statutory or constitutional provisions waiving immunity, the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees. An express but limited waiver of the Commonwealth’s immunity from tort claims was provided by the enactment of the Virginia Tort Claims Act in 1981. The Act is in derogation of common law, and, therefore, its limited waiver of immunity must be strictly construed. Baumgardner v. Southwestern Va. Mental Health Inst., 247 Va. 486, 489, 442 S.E.2d 400, 402 (1994).

Code § 8.01-195.6, the Notice of Claim provision of the Act, provides in relevant part:

Every claim cognizable against the Commonwealth . . . shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the[*182] injury is alleged to have occurred and the agency or agencies alleged to be liable. The statement shall be filed with the Director of the Division of Risk Management or the Attorney General within one year after such cause of action accrued if the claim is against the Commonwealth. . . . The claimant or his agent, attorney or representative shall, in a claim cognizable against the Commonwealth, mail the notice of claim via the United States Postal Service by certified mail, return receipt requested, addressed to the Director of the Division of Risk Management or the Attorney General in Richmond. . . .
In any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish mailing and receipt of the notice in conformity with this section. The signed return receipt indicating delivery to the Director of the Division of Risk Management, [or] the Attorney General . . . when admitted into evidence, shall be prima facie evidence of filing of the notice under this section. The date on which the return receipt is signed by the Director, [or] the Attorney General. . . shall be prima facie evidence of the date of filing for purposes of compliance with this section.

Because Melanson hand-delivered her notice of claim within the one year period required by the statute but receipt of her notice by “certified mail, return receipt requested” was beyond the one year period, we must decide if the mailing requirement is the exclusive method for giving notice of claim under the Act.

In Halberstam v. Commonwealth, 251 Va. 248, 467 S.E.2d 783 (1996), we considered whether a plaintiff complied with the notice requirements of the Act. The plaintiff was injured when she fell in a parking lot at George Mason University, a state-supported institution. She forwarded several letters, describing her accident and the extent of her injuries, to the Director of the Division of Risk Management. Upon motion of the Commonwealth, the trial court dismissed the plaintiff’s motion for judgment because her notice of claim did not sufficiently identify the place where her injuries occurred.

We stated, in Halberstam, that “strict compliance with all [the Act’s] provisions is required.” Id. at 251, 467 S.E.2d at 784. We also stated that under the Act, “notice must be sent through the United States Postal Service by certified mail, return receipt requested, addressed to the Director of the Division of Risk Management or the[*183] Attorney General.” Id. at 251, 467 S.E.2d at 785. Melanson contends that nothing in the Act or our opinion in Halberstam excludes filing by hand-delivery as long as certified mailing is accomplished as well. We disagree.

In Halberstam, the plaintiff argued that if her notice of claim, a letter dated March 14, 1994, lacked the specificity required by the Act, then, any deficiencies were cured by her prior collateral correspondence. Rejecting her contention, we held that “[ojnly the March 14 letter . . . was sent to an official designated in the statute and in the manner prescribed by the statute, certified mail with a return receipt requested. Thus, in this case, that letter alone must contain the statutorily required information.” Id. at 252, 467 S.E.2d at 785. In Halberstam, we confined our consideration of proper filing of a notice of claim to that which was mailed by certified mail, return receipt requested. No other form of communication or delivery was considered to be “in the manner prescribed by the statute.” Id.

[10-12] As we have previously noted:

The primary objective of statutory construction is to ascertain and give effect to legislative intent. The plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction. A statute is not to be construed by singling out a particular phrase; every part is presumed to have some effect and is not to be disregarded unless absolutely necessary.

Commonwealth v. Zamani, 256 Va. 391, 395, 507 S.E.2d 608, 609 (1998) (citations omitted). Acceptance of Melanson’s contention that filing is not dependent upon mailing would render the mailing requirement superfluous. If the concepts of filing and mailing are separate as she urges, there would be no stated time within which the mailing would have to be received.

Additionally, the Act anticipates controversy over timely notice and provides, “[i]n any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish mailing and receipt of the notice in conformity with this section.” The juxtaposition of controversy over “filing” with proof requiring “mailing” amply demonstrates the legislature’s intention that mailing “in conformity with [the Act]” is the exclusive method of filing a notice of claim under the Act.

[*184] Finally, Melanson argues that the Commonwealth had actual knowledge of the claim within the one year period provided by the Act and such knowledge is sufficient to satisfy the notice requirement. We have previously stated that “actual notice does not obviate [the] duty to strictly comply with the Act’s notice provisions.” Halberstam, 251 Va. at 252, 467 S.E.2d at 785.

III. Conclusion

The Commonwealth’s limited waiver of immunity for tort claims must be strictly construed. “For this Court to place any limitation on the clear and comprehensive language of the statute, or to create an exception where none exists under the guise of statutory construction, would be to defeat the purpose of the enactment and to engage in judicial legislation.” Town of Crewe v. Marler, 228 Va. 109, 114, 319 S.E.2d 748, 750 (1984). Accordingly, we will affirm the judgment of the trial court.

Affirmed.