heedless and palpable violation in Virginia

2025Gross negligence is “a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Patterson v. City of Danville, 301 Va. 181 , 198 (2022) (quoting Commonwealth v. Giddens, 295 Va. 607, 613 (2018)).

2025Gross Negligence Gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Commonwealth v. Giddens, 295 Va. 607, 613 (2018).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2024Gross Negligence As we recently stated, “Gross negligence is ‘a degree of negligence showing indifference to another and an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.’” [It] “is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” “Gross negligence ‘requires a degree of - 14 - negligence that would shock fair-minded persons, although demonstrating something less than willful recklessness.’” Howard v. Harris, 80 Va. App. 365 , 379

2022Virginia law defines gross negligence as “a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Commonwealth v. Giddens, 295 Va. 607, 613 (2018) (emphases added) (quoting Chapman v. City of Virginia Beach, 252 Va. 186, 190 (1996)). “[A] claim for gross negligence must fail as a matter of law when the evidence shows that the defendants exercised some degree of care.” Elliott v. Carter, 292 Va. 618, 622 (2016).

2024Gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Id. (quoting Chapman v. City of Va. Beach, 252 Va. 186, 190 (1996)).

2022Virginia law defines gross negligence as “a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Commonwealth v. Giddens, 295 Va. 607, 613 (2018) (emphases added) (quoting Chapman v. City of Virginia Beach, 252 Va. 186, 190 (1996)). “[A] claim for gross negligence must fail as a matter of law when the evidence shows that the defendants exercised some degree of care.” Elliott v. Carter, 292 Va. 618, 622 (2016).

2025Its well-settled definition is replete with superlatives: it is “a degree of negligence showing . . . an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.” Elliott v. Carter, 292 Va. 618, 622 (2016) (emphasis added) (quoting Cowan v. Hospice Support Care, Inc., 268 Va. 482, 487 (2004)). “[T]he standard for gross negligence [in Virginia] is one of indifference, not inadequacy.” Id. (second alteration in original) (quoting Kuykendall v. Young Life, 261 Fed.

2024Gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Id. (quoting Chapman v. City of Va. Beach, 252 Va. 186, 190 (1996)).

2024Stated differently, “[g]ross negligence ‘requires a degree of negligence that would shock fair-minded persons, although demonstrating something less than willful recklessness.’” 14 Derivative sovereign immunity applies when an individual claims the sovereign immunity to which his employer may be entitled and is based on the notion that “government can function only through its servants, and certain of those servants must enjoy the same immunity in the performance of their discretionary duties as the government enjoys.” First Va. Bank- Colonial v. Baker, 225 Va. 72, 79 (1983). 15 When simple ne

2024Stated differently, “[g]ross negligence ‘requires a degree of negligence that would shock fair-minded persons, although demonstrating something less than willful recklessness.’” 14 Derivative sovereign immunity applies when an individual claims the sovereign immunity to which his employer may be entitled and is based on the notion that “government can function only through its servants, and certain of those servants must enjoy the same immunity in the performance of their discretionary duties as the government enjoys.” First Va. Bank- Colonial v. Baker, 225 Va. 72, 79 (1983). 15 When simple ne

2016It is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care.” Volpe v. City of Lexington, 281 Va. 630, 639 (2011) (quoting Chapman v. City of Virginia Beach, 252 Va. 186, 190 (1996)).

2012It is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence, or the want of even scant care." Volpe v. City of Lexington, 281 Va. 630, 639 , 708 S.E.2d 824, 829 (2011) (quoting Chapman v. City of Virginia Beach, 252 Va. 186, 190 , 475 S.E.2d 798, 800-01 (1996)).

2013It is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence or the want of even scant care.” Burns v. Gagnon, 283 Va. 657, 678 , 727 S.E.2d 634, 647 (2012) (internal citations and quotations omitted).

2013It is a heedless and palpable violation of legal duty respecting the rights of others which amounts to the absence of slight diligence or the want of even scant care.” Burns v. Gagnon, 283 Va. 657, 678 , 727 S.E.2d 634, 647 (2012) (internal citations and quotations omitted).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2014Ferguson v. Ferguson, 212 Va. 86, 92 , 181 S.E.2d 648, 653 (1971). “[Gross negligence] is a heedless and palpable violation of a legal duty respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 388, 393 , 362 S.E.2d 688, 691 (1987) {quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378 , 35 S.E.2d 71, 73 (1945)).

2025Its well-settled definition is replete with superlatives: it is “a degree of negligence showing . . . an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.” Elliott v. Carter, 292 Va. 618, 622 (2016) (emphasis added) (quoting Cowan v. Hospice Support Care, Inc., 268 Va. 482, 487 (2004)). “[T]he standard for gross negligence [in Virginia] is one of indifference, not inadequacy.” Id. (second alteration in original) (quoting Kuykendall v. Young Life, 261 Fed.

2024Moreover, “[d]eliberate conduct is ‘important evidence on the question of gross negligence.’” Chapman v. City of Va. Beach, 252 Va. 186, 190 (1996) (quoting Kennedy v. McElroy, 195 Va. 1078, 1082 (1954)).

2023“Whether certain actions constitute gross negligence is generally a factual matter for resolution by the jury and becomes a question of law only when reasonable people cannot differ.” Koffman, 265 Va. at 15 (citing Griffin v. Shively, 227 Va. 317, 320 (1984)).

2012This Court addressed the severity of the nature of the negligent conduct necessary to constitute gross and wanton negligence in Tubman v. Commonwealth, 3 Va. App. 267, 274 , 348 S.E.2d 871, 875 (1986) (emphasis added) (quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378-79 , 35 S.E.2d 71, 73 (1945)): “Gross negligence is substantially and appreciably higher in magnitude than ordinary negligence . . . [i]t is very great negligence, or the absence of slight diligence, or the want of even scant care. . . [i]t is a heedless and palpable violation of legal duty respecting the rights of other

2012This Court addressed the severity of the nature of the negligent conduct necessary to constitute gross and wanton negligence in Tubman v. Commonwealth, 3 Va. App. 267, 274 , 348 S.E.2d 871, 875 (1986) (emphasis added) (quoting Town of Big Stone Gap v. Johnson, 184 Va. 375, 378-79 , 35 S.E.2d 71, 73 (1945)): “Gross negligence is substantially and appreciably higher in magnitude than ordinary negligence . . . [i]t is very great negligence, or the absence of slight diligence, or the want of even scant care. . . [i]t is a heedless and palpable violation of legal duty respecting the rights of other

2005Gross negligence has been defined as “a heedless and palpable violation of legal duties respecting the rights of others,” Frazier v. City of Norfolk, 234 Va. 549, 552 , 362 S.E.2d 688, 688 (1987), and as “the absence of slight diligence or the want of even scant care.” Colby v. Boyden, 241 Va. 125, 130 , 400 S.E.2d 184, 184 (1991).