28 Feb Gloucester County Schools: Va. Code Ann. §15.2-1248 – a Lawyer’s Presentment
Defendant Assistant Principal also seeks to interpose Va. Code Ann. §15.2-248 in Gregory Joseph Gagnon, et al. v. Travis Burns, et al., No. CL08-572 in Gloucester County Circuit Court. But that statute’s “presentment requirement likewise is inapplicable to that brain injury suit on a few independent grounds.
The analysis of §15.2-1248 is analogous to much of that for §15.2-209, posted yesterday. §15.2-1248 must be strictly construed because its presentment requirement is in derogation of the common law. Morris, supra. Also, by its own language, §15.2-1248 is strictly limited only to actions against an employee of a “county;” and this cause is against a different entity, the School Board. Further, regardless whether it applies to a School Board, §15.2-1248 does not apply to claims against an individual, let alone a School Board employee.