Edwards v. City of Portsmouth, 375 S.E.2d 747 (Va. 1989). · Go Syfert
Edwards v. City of Portsmouth, 375 S.E.2d 747 (Va. 1989). Cases Citing This Book View Copy Cite
119 citation events (57 in the last 25 years) across 23 distinct courts.
Strongest positive: Byers v. City of Richmond (vaed, 2024-09-23)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) Byers v. City of Richmond
E.D. Va. · 2024 · confidence medium
A function is “governmental” when it is “directly tied to the health, safety, and welfare of the citizens,” Edwards v. City of Portsmouth, 375 S.E.2d 747, 750 (Va. 1989), and involves “the exercise of an entity’s political, discretionary, or legislative authority,” Carter v. Chesterfield Cnty.
discussed Cited as authority (rule) Khattab v. Janowski
E.D. Va. · 2024 · confidence medium
A function is “governmental” when it is “directly tied to the health, safety, and welfare of the citizens,” Edwards v. City of Portsmouth, 237 Va. 167, 171 (1989), and “involves ‘the exercise of an entity’s political, discretionary, or legislative authority,’” Carter v. Chesterfield Cnty.
examined Cited as authority (rule) Angela M. Greene v. City of Portsmouth (3×) also: Cited "see, e.g."
Va. Ct. App. · 2024 · confidence medium
See Massenburg, 298 Va. at 218; City of Richmond v. Long, 58 Va. (17 Gratt.) 375 (1867); Edwards, 237 Va. at 171 (finding ambulance services “akin to the provision of hospital services[] . . . because it is difficult to imagine anything more directly tied to the health, safety, and welfare of the citizens”); Bialk v. City of Hampton, 242 Va. 56, 58 (1991) (holding that clearing streets for vital public services after a large snowstorm was a governmental act); Ashbury v. Norfolk, 152 Va. 278 (1929) (deeming garbage collection a governmental function because it concerned the preservation of …
discussed Cited as authority (rule) Baka v. City Of Norfolk
E.D. Va. · 2022 · confidence medium
The test for establishing a proprietary function is “whether, in providing such services, the governmental entity is exercising the powers and duties of government conferred by law for the general benefit and well-being of its citizens.” Edwards v. City of Portsmouth, 237 Va. 167, 172 (1989).
cited Cited as authority (rule) Massenburg v. City of Petersburg
Va. · 2019 · confidence medium
Edwards v. City of Portsmouth, 237 Va. 167, 172 (1989).
examined Cited as authority (rule) Applewhite v. Accuhealth, Inc. (3×) also: Cited "see, e.g."
NY · 2013 · confidence medium
Emergency medical services, in contrast, have widely been considered one of government’s critical duties (see e.g. 1982 Ops St Comp No. 82-182; Edwards v City of Portsmouth, 237 Va 167, 171, 375 SE2d 747, 750 [1989]; Ross v Consumers Power Co., 420 Mich 567, 654 , 363 NW2d 641, 677 [1984]; King v Williams, 5 Ohio St 3d 137, 140, 449 NE2d 452, 455 [1983]; Thornton v Shore, 233 Kan 737, 742, 666 P2d 655, 659 [1983]; McIver v Smith, 134 NC App 583, 587, 518 SE2d 522, 525 [1999]; Wanzer v District of Columbia, 580 A2d 127, 131 [DC Ct App 1990]; Ayala v City of Corpus Christi, 507 SW2d 324, 328 […
discussed Cited as authority (rule) Cunningham v. Rossman
Danville Cir. Ct. · 2010 · confidence medium
“A function is governmental if it entails the exercise of an entity’s political, discretionary, or legislative authoriy.” Cunningham, 268 Va. at 634 , 604 S.E.2d at 426 . “[W]hen a municipality plans, designs, regulates or provides a service for the common good, it performs a governmental function.” Cunningham, 268 Va. at 634 , 604 S.E.2d at 426 -27 (citing Maddox v. Commonwealth, 267 Va. 657, 663 , 594 S.E.2d 567, 570 (2004) (planning and designing a sidewalk); Bialk v. City of Hampton, 242 Va. 56, 59 , 405 S.E.2d 619, 621 (1991) (providing emergency snow removal services); Taylor v…
cited Cited as authority (rule) Peterson v. Commonwealth
Montgomery Cir. Ct. · 2010 · confidence medium
“Where a local government exercises powers delegated or imposed, it performs a governmental function.” Edwards v. City of Portsmouth, 237 Va. 167, 171 (1989) (citations omitted).
discussed Cited as authority (rule) Smyser v. City of Peoria
Ariz. Ct. App. · 2007 · confidence medium
See, e.g., McIver v. Smith, 134 N.C.App. 583 , 518 S.E.2d 522, 524-27 (1999) (ambulance service is not proprietary even though it could be and had been provided by private companies and county charged a fee; protecting health and welfare "is a legitimate and traditional function of county government,” and legislature gave county power to operate such services; test is "whether the act is for the common good of all without the element of ... pecuniary profit”); Edwards v. City of Portsmouth, 237 Va. 167 , 375 S.E.2d 747, 749-50 (1989) (emergency ambulance service is a governmental function …
discussed Cited as authority (rule) Cunningham v. City of Chesapeake
Va. · 2004 · confidence medium
See, e.g., Maddox v. Commonwealth, 267 Va. 657, 663 , 594 S.E.2d 567, 570 (2004) (plan 13 and design of a sidewalk); Bialk v. City of Hampton, 242 Va. 56, 59 , 405 S.E.2d 619, 621 (1991)(provision of emergency snow removal services); Taylor v. City of Charlottesville, 240 Va. 367, 371 , 397 S.E.2d 832, 835 (1990) (planning, designing, laying out of streets and roads); Edwards v. City of Portsmouth, 237 Va. 167, 172 , 375 S.E.2d 747, 750 (1989) (provision of ambulance services); Freeman v. City of Norfolk, 221 Va. 57, 60 , 266 S.E.2d 885, 886 (1980) (regulation of traffic through traffic signal…
cited Cited as authority (rule) Gambrell v. CITY OF NORFOLD
Va. · 2004 · confidence medium
Niese, 264 Va. at 239 , 564 S.E.2d at 132 ; Edwards v. City of Portsmouth, 237 Va. 167, 171 , 375 S.E.2d 747, 750 (1989).
discussed Cited as authority (rule) Young v. City of Norfolk
Norfolk Cir. Ct. · 2003 · confidence medium
A function is governmental if it involves the exercise of a power delegated or imposed as well as when it is “directly tied to the health, safety, and welfare of the citizens.” Edwards v. City of Portsmouth, Til Va. 167, 171, 375 S.E.2d 747, 750 (1989).
cited Cited as authority (rule) Alpine Air, Inc. v. Metropolitan Washington Airports Authority
Fairfax Cir. Ct. · 2003 · confidence medium
“A function is governmental if it is ‘directly tied to the health, safety, and welfare of the citizens’.” Id. (quoting Edwards v. City of Portsmouth, 237 Va. 167, 171 , 375 S.E.2d 747, 750 (1989)).
discussed Cited as authority (rule) Orellana v. Region Ten Community Services Board
vacc · 2002 · confidence medium
Whether an entity’s services are governmental depends on whether the services are provided “for the general benefit and well-being of its citizens.” Edwards v. City of Portsmouth, 237 Va. 167, 172 (1989).
discussed Cited as authority (rule) Gambrell v. City of Norfolk
vacc · 2002 · confidence medium
The test for whether an act is governmental or proprietary function turns on whether “in providing such services, the governmental entity is exercising the powers and duties of government conferred by law for the general benefit and well-being of its citizens. ... [E]ven if fees were charged, the governmental aspect of the undertaking is controlling.” Edwards v. City of Portsmouth, 237 Va. 167, 172 , 375 S.E.2d 747, 750 (1989) (citing Transp., Inc. v. City of Falls Church, 219 Va. 1004, 1006 , 254 S.E.2d 62, 64 (1979); Taylor, 214 Va. at 10 , 197 S.E.2d at 210 (1973)).
cited Cited as authority (rule) Niese v. City of Alexandria
Va. · 2002 · confidence medium
A function is governmental if it is “directly tied to the health, safety, and welfare of the citizens.” Edwards v. City of Portsmouth, 237 Va. 167, 171 , 375 S.E.2d 747, 750 (1989).
examined Cited as authority (rule) Murray v. Horton Automatics (3×) also: Cited "see"
Charlottesville Cir. Ct. · 2000 · confidence medium
The Court disagrees with Plaintiff’s argument that exacting late fines and charging out-of-state user fees (up to $23.00 per year) renders the Libraiy’s services proprietary. 1 See id. at 172 (holding that charging fees does not render governmental ambulance services proprietary).
discussed Cited as authority (rule) County Council of Northampton County v. SHL Systemhouse Corp.
E.D. Pa. · 1999 · confidence medium
See, e.g., Overman v. Occoquan, Woodbridge, Lorton Volunteer Fire Dept., Inc., 948 F.2d 1282 , 1991 U.S.App.LEXIS 28678 at *5-8 (4th Cir.1991); Poole v. Inlow, 80 Ohio App.3d 379 , 609 N.E.2d 238, 239-40 (1992); Pawlak. v. Redox Corp., 182 Mich.App. 758 , 453 N.W.2d 304, 307 (1990); Edwards v. City of Portsmouth, 237 Va. 167 , 375 S.E.2d 747, 749 (1989); Saathoff v. City of San Diego, 35 Cal.App.4th 697, 706 , 41 Cal.Rptr.2d 352 (1995); Brunton v. Porter Memorial Hosp.
discussed Cited as authority (rule) Lewis v. City of Charlottesville
Charlottesville Cir. Ct. · 1998 · confidence medium
Even without these cases, however, it would be difficult to argue that the operation of a courthouse is proprietary because “[wjhere a local government exercises powers delegated or imposed, it performs a governmental fancúoa." Edwards v. City of Portsmouth, 237 Va. 167, 171 (1989).
cited Cited as authority (rule) Wesley v. Mercy Ambulance Corp.
Richmond County Cir. Ct. · 1995 · confidence medium
Edwards v. City of Portsmouth, 237 Va. 167 , 375 S.E.2d 747, 750 (1989). 2.
discussed Cited as authority (rule) Wanzer v. District of Columbia
D.C. · 1990 · confidence medium
New Liberty Hospital District v. Pratt, 687 S.W.2d 184, 186 (Mo.1985) (public hospital); City of Memphis v. Bettis, 512 S.W.2d 270, 272-274 (Tenn.1974) (ambulance ser vice); Mejia v. City of San Antonio, 759 S.W.2d 198 (Tex.Ct.App.1988) (city-operated emergency medical service); 6 Edwards v. City of Portsmouth, 237 Va. 167, 170 , 375 S.E.2d 747, 749-750 (1989) (ambulance service).
discussed Cited as authority (rule) Wanzer v. District of Columbia
D.C. · 1990 · confidence medium
New Liberty Hospital District v. Pratt, 687 S.W.2d 184, 186 (Mo.1985) (public hospital); City of Memphis v. Bettis, 512 S.W.2d 270, 272-274 (Tenn.1974) (ambulance service); Mejia v. City of San Antonio, 759 S.W.2d 198 (Tex.Ct.App.1988) (city-operated emergency medical service); [6] Edwards v. City of Portsmouth, 237 Va. 167, 170 , 375 S.E.2d 747, 749-750 (1989) (ambulance service).
discussed Cited as authority (rule) Morrison v. Bestler (2×)
Va. · 1990 · confidence medium
Edwards v. City of Portsmouth, 237 Va. 167, 170 , 375 S.E.2d 747, 749 (1989) (affirming judgment sustaining “special plea of lack of jurisdiction” for non-compliance with Code § 8.01-581.2). “[I]n a well ordered society it is important for people to know what their legal rights are, not only under constitutions and legislative enactments but also as defined by judicial precedent . . .” Myers v. Moore, 204 Va. 409, 413 , 131 S.E.2d 414, 417 (1963).
discussed Cited "see" Curtis David Lytle v. City of Suffolk
Va. Ct. App. · 2025 · signal: see · confidence high
See Edwards v. City of Portsmouth, 237 Va. 167, 172 (1989) (providing ambulance services through the use of a private company was a governmental function).
discussed Cited "see" Cleaves-McClellan v. Shah (2×)
Hampton Cir. Ct. · 2016 · signal: see · confidence high
See Edwards v. Portsmouth, 237 Va. 167, 172 , 375 S.E.2d 747, 750 (1989).
discussed Cited "see" Carter v. Chesterfield County Health Commission (2×)
Va. · 2000 · signal: see · confidence high
See Edwards v. City of Portsmouth, 237 Va. 167 , 375 S.E.2d 747 (1989); Fenon v. Norfolk, 203 Va. 551 , 125 S.E.2d 808 (1962); City of Norfolk v. Hall, 175 Va. 545 , 9 S.E.2d 356 (1940); Ashbury, 152 Va. 278 , 147 S.E. 223 ; Long, 58 Va. (17 Gratt.) 375 .
cited Cited "see" Stevens v. Lemmie
Petersburg Cir. Ct. · 1996 · signal: see · confidence high
See Edwards v. City of Portsmouth, 237 Va. 167, 171 (1989) (citing City of Richmond v. Long, 58 Va. (17 Gratt.) 375 (1867)).
discussed Cited "see" Lester v. City of Roanoke (2×)
Roanoke County Cir. Ct. · 1990 · signal: see · confidence high
Transportation, Inc., supra, 219 Va. at 1005 ; see Edwards v. Portsmouth, 237 Va. 167 , 375 S.E.2d 747 (1989).
discussed Cited "see" Gonzalez v. Fairfax Hospital System, Inc. (2×)
Va. · 1990 · signal: accord · confidence high
Accord Edwards v. City of Portsmouth, 237 Va. 167, 172 , 375 S.E.2d 747, 750 (1989).
discussed Cited "see, e.g." Brooks v. City of Roanoke
Roanoke County Cir. Ct. · 2015 · signal: see also · confidence medium
Elucidating this principle by way of example, the Supreme Court of Virginia has held the following to be governmental functions: emergency snow removal, see Stanfield v. Peregoy, 245 Va. 339, 340 , 429 S.E.2d 11, 11-12 (1993); Bialk v. City of Hampton, 242 Va. 56, 57 , 405 S.E.2d 619, 620-21 (1991), the exercise of police powers (such as abating a public nuisance), see Lee v. City of Norfolk, 281 Va. 423, 439 , 706 S.E.2d 330, 338 (2011); see also Edwards v. City of Portsmouth, 231 Va. 167, 171, 375 S.E.2d 747, 749 (1989), the design of public streets and the maintenance traffic signals thereo…
discussed Cited "see, e.g." Lee v. City of Norfolk (2×)
Va. · 2011 · signal: see also · confidence low
See also Edwards v. City of Portsmouth, 237 Va. 167, 171 , 375 S.E.2d 747, 749 (1989) (city immune for exercise of police power).
discussed Cited "see, e.g." Stevens v. Hospital Authority (2×)
Richmond County Cir. Ct. · 1997 · signal: see also · confidence low
City of Richmond v. Long, 58 Va. (17 Gratt.) 375 (1867); see also Edwards v. City of Portsmouth, 237 Va. 167, 171 , 375 S.E.2d 747, 749-50 (1989).
discussed Cited "see, e.g." Ford v. City of Richmond (2×)
Va. · 1990 · signal: see, e.g. · confidence low
See, e.g., Edwards v. City of Portsmouth, 237 Va. 167, 172 , 375 S.E.2d 747, 750 (1989); Appalachian Power v. Greater Lynchburg Transit, 236 Va. 292, 296 , 374 S.E.2d 10, 12 (1988).
Retrieving the full opinion text from the archive…
Margaret H. Edwards, Administratrix, Etc.
v.
City of Portsmouth, Et Al.
Record 860736.
Supreme Court of Virginia.
Jan 13, 1989.
375 S.E.2d 747
William D. Breit (Breit, Rutter & Montagna, on brief), for appellant., George M. Willson, Assistant City Attorney; Carolyn P. Oast (Steven Lieberman, City Attorney; John A. Heilig; Heilig, McKenry, Fraim & Lollar, on briefs), for appellees.
Carrico, Poff, Compton, Stephenson, Russell, Thomas, Whiting.
Cited by 49 opinions  |  Published
THOMAS, J.,

delivered the opinion of the Court.

On February 27, 1986, Margaret H. Edwards, administratrix of the estate of Victor S. Edwards, Jr., deceased (Edwards), filed a two-count motion for judgment against the City of Portsmouth (the City), Portsmouth Ambulance Service, Inc., Portsmouth General Hospital, Inc. (the Hospital), and City of Portsmouth Emergency Medical Service Agency. In the first count, Edwards alleged that on February 29, 1984, her husband suffered a heart attack at their home in Portsmouth. She alleged further that she “dialed emergency 911 to have an ambulance come to provide emergency medical service to her husband.” Edwards also alleged that despite their “duties to provide reasonable emergency ambulance services and medical care to the deceased, the defendants[*169] . . . negligently failed to provide emergency medical care for the deceased which directly and proximately resulted in his death on February 29, 1984.”

The motion for judgment also stated that as “a result of the negligence as aforesaid plaintiffs filed a notice with each defendant on February 24, 1986 in accordance with Section 8.01-581.2 of the Code of Virginia, as amended, notifying each defendant of the claim herein and therefore suit is proper at this time.” The date of the notices was only three days prior to the filing of the motion for judgment.

In paragraph 10 of the motion for judgment, Edwards alleged that each defendant,

owed a duty to the general public and the plaintiff ... to assure that ambulance services provided to the public and the plaintiff . . . were in accordance with the standard of care provided in the community and the Commonwealth of Virginia and to provide such service in a safe and reasonable manner so as to avoid injury to those persons who are provided with the service.

In paragraph 12 of the motion for judgment, the same allegation is repeated but this time the Hospital is specifically listed as the entity owing the duty.

In the second count of the motion for judgment, Edwards alleged that at all pertinent times the City of Portsmouth knew, or should have known, that the Hospital and the Ambulance Service were providing “service to the public in a negligent and careless manner, not in accordance with the standard of care provided in the community and in the Commonwealth of Virginia.” Edwards alleged that the City was negligent in failing to terminate the contract with the other defendants for the provision of ambulance services.

Edwards nonsuited Portsmouth Ambulance Services, Inc. Further, in her brief, Edwards concedes that Portsmouth Emergency Medical Services Agency is not a “legal entity” and cannot, therefore, be a party defendant.

The focus of this appeal is upon the question whether Edwards can maintain her suit against the City and against the Hospital. At trial, both the City and the Hospital moved to dismiss. The City filed a special plea of sovereign immunity in which it con[*170] tended that in providing ambulance services, it was engaged in a governmental function and was, therefore, immune from suit. The Hospital filed a special plea of lack of jurisdiction on the ground that the suit was filed in violation of the Medical Malpractice Act, Code § 8.01-581.1 et seq. (the Act), in that it was filed within ninety days of the filing of the notice of claim of malpractice. The trial court granted both motions to dismiss.

I

We consider first whether Edwards’ suit against the City is barred by the doctrine of sovereign immunity. Edwards argues that in providing ambulance services, the City was engaged in a proprietary, as opposed to a governmental, function. Therefore, Edwards argues, the City is not immune. The City contends that providing emergency ambulance services is a governmental function which falls squarely within its police powers.

Edwards makes the following arguments to support her proposition that the ambulance services here complained of are a proprietary function of the City: (1) that ambulance services have not historically been provided by governments, (2) that such services are not needed to insure the health and safety of the City, (3) that because a fee is charged, the services are not governmental, (4) that the general public does not have the benefit of these particular ambulance services because the services are only available to those citizens who elect to use them and who then pay a fee for their use, (5) that these services are not provided exclusively by the City, and (6) that these services are not provided by an entity which is part of the government. We disagree with Edwards.

The ambulance services are provided by the City pursuant to Code § 32.1-156. That code section sets forth the powers of governing bodies of counties, cities, and towns with respect to emergency medical services. Subsection A reads as follows:

Upon finding as fact, after notice and public hearing, that exercise of the powers enumerated below is necessary to assure the provision of adequate and continuing emergency services and that exercise of the powers enumerated below is necessary to preserve, protect and promote the public health, safety and general welfare, the governing body of any county or city is hereby empowered to, ... .

[*171] Then the statute enumerates the ways in which a local government may regulate ambulance services. Next follows subsection B which provides that:

In addition to the powers set forth above, the governing body of any county or city is hereby authorized to provide, or cause to be provided, services of emergency medical service vehicles, to own, operate and maintain emergency medical service vehicles, to make reasonable charges for use of emergency medical service vehicles, and to contract with any agency for the services of its emergency medical service vehicles.

Taking these two provisions together, it is apparent that only by first finding that there is a necessity to “assure the provision of adequate and continuing emergency services” and finding that providing emergency medical services “is necessary to preserve, protect and promote the public health, safety, and general welfare” can local government proceed under subsection B “to provide, or cause to be provided, services of emergency medical vehicles.”

Thus, on the facts before us, and as a matter of statute, the City could not have established the emergency ambulance services here in dispute were it not exercising its police powers. Where a local government exercises powers delegated or imposed, it performs a governmental function. See Hoggard v. Richmond, 172 Va. 145, 147, 200 S.E. 610, 611 (1939); Franklin v. Richlands, 161 Va. 156, 170 S.E. 718 (1933).

In City of Richmond v. Long, 58 Va. (17 Gratt.) 375 (1867), we held that hospital services provided by a city were an exercise of a governmental function. In Ashbury v. Norfolk, 152 Va. 278, 147 S.E. 223 (1929), we held that garbage collection was a governmental function because it concerned the preservation of the public health. In light of these cases, we conclude that ambulance services are akin to the provision of hospital services. Furthermore, if collecting garbage is a governmental function, then providing ambulance services must also be, because it is difficult to imagine anything more directly tied to the health, safety, and welfare of the citizens. We are unpersuaded by the argument that ambulance services are not governmental simply because similar services may be provided by private entities. In our opinion, the[*172] test cannot be whether the same thing is done by private entities, but rather whether, in providing such services, the governmental entity is exercising the powers and duties of government conferred by law for the general benefit and well-being of its citizens. Nor are we persuaded that charging fees renders the ambulance services proprietary. This is so because, as we noted above, in providing the ambulance services, the City was exercising its police power. Thus, even if fees were charged, the governmental aspect of the undertaking is controlling. See Trans. Inc. v. Falls Church, 219 Va. 1004, 1006, 254 S.E.2d 62, 64 (1979); Taylor v. Newport News, 214 Va. 9, 10, 197 S.E.2d 209, 210 (1973).

We hold, with regard to the first issue, that the trial court did not err in dismissing the City from the action on the basis of sovereign immunity. [1]

II

We turn now to the claim against the Hospital. If the Hospital is a health care provider and if the Medical Malpractice Act (the Act) applies, then the suit against the Hospital, which was filed three days after filing the notice of claim instead of the ninety days set forth in the statute, was untimely.

In discussing this issue, Edwards focuses on whether ambulance services are listed in the Act, and upon whether ambulance services are contemplated by the Act. That focus misses the point. Edwards sued the Hospital. Hospitals are listed in the Act. Code § 8.01-581.1 states that Health care provider’ ” means a person, corporation, facility, or institution licensed by this Commonwealth to provide health care or professional services as a . . . hospital.”

We hold that the Act applied to the Hospital and that by filing suit three days after filing the notice of claim, Edwards violated Code § 8.01-581.2, which provides in pertinent part that “[n]o actions based on alleged malpractice shall be brought within ninety days of the notification by the claimant to the health care[*173] provider and if a panel is requested within the period of review by the medical review panel.” [2]

Ill

For all the foregoing reasons, the judgment of the trial court will be

Affirmed.

1

Edwards cites no case in which ambulance services provided by local governments were held to be the exercise of a proprietary function. On the other hand, the City cites cases from Texas and Tennessee in which ambulance services were held to be the exercise of a governmental function. See Brantley v. City of Dallas, 545 S.W.2d 284 (Tex. Civ. App. 1976); City of Memphis v. Bettis, 512 S.W.2d 270 (Tenn. 1974).

2

A request for a panel was made in this case by the Hospital. However, a decision on whether to convene a panel was stayed pending the outcome of this appeal on the question whether the claims against the Hospital were covered by the Act.