Legal Question in Personal Injury in Virginia
VA Tort Reform Claim
State Health Dept issued permit for a well site, Contractor drilled well where permit stated. Well was not on property. State Health Dept had a copy of plat that showed boundaries. Costs involved was over $4000. Can we file a Claim under the VA Tort Reform Act, and what type of Forms are required
1 Answer from Attorneys
Re: VA Tort Reform Claim
I don't see how the Virginia Department
of Health could be tortiously responsible for this particular error.
They were apparently responsible for issuing the permit to drill but could hardly be responsible for insuring the integrity of the legal boundaries of the drill site.
Furthermore, even if they were somehow responsible for the error, the Commonwealth's doctrine of sovereign immunity would undoubtedly keep the agency immune from any civil suits which might be brought against it for damages.
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