Legal Question in Personal Injury in Virginia

Hi,

I was recently notified that I am being sued for damages sustained against a company(Church Road). In November of 2007, at the age of 17, I, along with several other individuals were caught trespassing in an under construction day care center. Although the other people present were intoxicated with alcohol, I was not, and when the police arrived I tested 0.0 on the breathalyzer. In the proceedings I pleaded 'No Contende' to 1 count of trespassing according to my lawyer's advice. I served 1 year of probation with no violations, 36 hours of community service, and a letter of apology through the court. Unbeknownst to me, several individuals who were there did some major damage to the property. These are the charges as per my papers:

Introduction

1. This is an action seeking money damages for breaking and entering, and trespass to real property located in Loudoun County. Ten teenagers, eight of whom were minors at the time of the incident, all of whom have now reached majority, broke into Church Road's commercial building under construction as an infant and toddler care center. Some or all of the teenagers were drunk and may have had alcohol in their possession. They maliciously opened the fire control system in the building, purposefully flooding the lower level of the building, maliciously stopped up a toilet on the lower level of the building, and maliciously spread feces on the walls of the building, trespassing upon and damaging the infant and toddler care center under construction, resulting in substantial damage to Church Road, the owner.

2. This civil action is brought by Church Road against the teenagers and the parents of the teenagers, seeking damages against the teenagers for trespassing, statutory damages against the parents of the teenagers for malicious damage to property by their children, and damages against the teenagers for common law conspiracy and statutory business conspiracy. Alternatively, damages are sought against the teenagers for negligence.

The papers indicate that "Upon information and belief, the Defendants, jointly and severally, wilfully, wantonly, maliciously, and intentionally trespassed upon the Property with the intention of damaging and destroying the improvements to the Infant and Toddler Center."

They claim the final cost of damages to be $167,500.

There is a page attached quoting several codes that have to do with negligence, and I believe this is how they will attempt to secure money from me. They claim "These acts of negligence have directly and proximately resulted in damage to Church Road."

My question(s) are as follows:

1) Does the fact that I was a minor at the time of this incident, and the fact that they waited till my age of majority to file this lawsuit grant me any benefit in the court of law?

2) Does the fact that I was the only sober person on the site grant me any benefit?

3) Can the prosecution use information from the criminal case that went through while I was a minor now, or has it been completely expunged?

To give you a better idea of this case, I am currently 19 years old, unemployed, and homeless for the time being. I'm trying very hard to get back on my feet, and being faced with an extreme amount of money, this is enough to break me for the rest of my life, and I feel that this lawsuit is being made maliciously, especially considering they are bringing suit against several parents of minors at the time, including my mother. I cannot afford a lawyer without taking out a loan. Any advice on possible routes of defense would be greatly appreciated, and may save me from a lifetime of debt.

1 Answer from Attorneys

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Virginia

Looking for something else?