October 6, 2026
Anthony Cottone won a motion to dismiss a personal injury claim wherein the Plaintiff alleged that our client negligently operated a recreational facility leading to injury. We asserted the limited statutory immunity applicable to our client under Virginia Code § 15.2-1809, which bars ordinary negligence claims but permits claims for gross negligence, and demurred on the ground that the plaintiff failed to plead gross negligence. The Circuit Court for the City of Norfolk sustained the demurrer, and the case was dismissed with prejudice. We then briefed and argued the appeal before the Court of Appeals of Virginia, which affirmed in an unpublished memorandum opinion. The plaintiff did not seek further review.
