Ferro v. Shifflett

72 Va. Cir. 298, 2006 Va. Cir. LEXIS 316
CourtPrince William County Circuit Court
DecidedNovember 29, 2006
DocketCase No. (Law) 64537
StatusPublished
Cited by1 cases

This text of 72 Va. Cir. 298 (Ferro v. Shifflett) is published on Counsel Stack Legal Research, covering Prince William County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferro v. Shifflett, 72 Va. Cir. 298, 2006 Va. Cir. LEXIS 316 (Va. Super. Ct. 2006).

Opinion

BY JUDGE LEROY F. MlLLETTE, JR.

This cause is before the Court on Defendant Shifflett’s Plea in Bar of Sovereign Immunity. It is the ruling of this Court that the Defendant’s Plea in Barbe overruled. This Court is of the opinion that the Defendant’s acts were ministerial and not subject to discretion or judgment by the Defendant. The Court sets forth below its reasoning behind its ruling today.

I. Facts

The Plaintiff, Vincent Ferro, filed a Motion for Judgment with this Court on February 2,2005, naming Carissa Marie Shifflett a defendant in his action to recover for damages and injuries suffered from an automobile collision that occurred on February 5, 2003. Plaintiff alleges that Defendant Shifflett, while attempting to turn left from Georgetown Road onto Route 1, operated her sedan in a negligent manner proximately causing a collision with Plaintiffs van while the Plaintiff was traveling northbound on Route 1, resulting in permanent injury to the Plaintiff. The Motion also asked that that Assurance Company of America also be served as carrier of uninsured motorist coverage pursuant to Va. Code Ann. § 38.2-2206 (2006). In response to the Motion for Judgment, the Defendant filed a Plea in Bar to invoke sovereign immunity privileges. Accordingly, counsel for the Defendant and [299]*299counsel for the Assurance Company of America each submitted memorandum of law, and argument was heard ore terms on November 6, 2006.

Testimony established that the Defendant, at the time of the accident, was a Prince William County employee working for the County’s Department of Social Services with the job grade of Social Worker II in the Department’s Foster Care Unit. Defendant was qualified for the position by having not only a Masters level degree but also experience working in the field of Social Work for Fairfax County. Defendant’s duties with the Foster Care Unit included managing case loads of eighteen to twenty-five cases at any one time by assessing foster children’s needs, facilitating a safe home environment, and evaluating educational needs and living conditions through ongoing home visits.

The Chief of Family Services for the County, Lori Wilson, further testified as to the qualifications for obtaining the Defendant’s position. Those requirements include a valid driver’s license, a Department of Motor Vehicles check, a criminal background check, required course work for Virginia Social Workers, and a willingness to respond to emergency situations. The Defendant’s j ob itself required the Defendant to develop relationships with the children whose care she was managing and would occasionally require the Defendant to transport children under her management to foster homes, group homes, the hospital, or a mental health facility if necessary. However, the Defendant was not required to obtain a special operators license for motor vehicle transportation of children in her care, nor did the Defendant receive specific training on operating a County vehicle in particular, nor did the County vehicles provided to the Defendant have special equipment not found in common vehicles. Finally, Social Workers, like the Defendant, are not permitted to circumvent state and local laws or ordinances regarding motor vehicle operation under any circumstances.

The Defendant testified that, on the day of the accident, she had received a voice-mail message from the Prince William County Police Department that a minor, whose case was under the Defendant’s management and who had been reported by the Foster Care Unit as a “runaway,” was located at an area home, and the voice-mail also provided the address to the Defendant. The Defendant, in accordance with her duties as a Social Worker, determined after discussion with her staff unit that the child should be taken to a shelter pending further evaluation. The Defendant called the minor to explain that she would be meeting her at the home at which she was staying and signed out a County vehicle for the purpose of transporting the minor child according to County policy.

After meeting the minor child at the home and address where the Police Department reported the minor to be, the Defendant explained to thé minor [300]*300that the she could not remain at the home as it was not a pre-approved foster-home. Though the minor was visibly upset, she agreed to pack her belongings and ride with the Defendant to the shelter. The Defendant testified that she opted to take the route she chose to transport the minor child to the shelter rather than her “preferred way” because it would be twenty minutes faster. However, there was no requirement that the minor report to the shelter by a specified time nor did the Defendant testify as to any exigency in having the minor at the shelter by a specific time.

II. Issue

The sole question to be answered in determining whether or not to sustain Defendant’s plea in bar is whether or not the Defendant should be cloaked with sovereign immunity, effectively precluding the Plaintiff from continuing to seek relief through his Motion for Judgment against Defendant.

III. Discussion

In deciding whether or not the Defendant county employee is entitled to the protection of sovereign immunity, this court acknowledges the four-factor test outlined by the Virginia Supreme Court and utilizes its framework in making its conclusion. See, Friday-Spivey v. Collier, 268 Va. 384, 387, 601 S.E.2d 591, 593 (2004) (citing James v. Jane, 221 Va. 43, 53, 282 S.E.2d 864, 869 (1980); Messina v. Burden, 228 Va. 301, 313, 321 S.E.2d 657, 663 (1984)). “The four factors are: (1) the function performed by the employee, (2) the extent of the state’s interest and involvement in that function, (3) the degree of control and direction the state exercises over the employee, and (4) whether the act performed involves the use of judgment and discretion. Friday-Spivey, 268 Va. at 388, 601 S.E.2d at 593. The crux of the analysis in this case involves the fourth factor, whether the act performed by the Defendant involves the use of judgment and discretion. Though seemingly a straightforward task, this Court also recognizes that “the line demarcating the boundary of sovereign immunity in Virginia is indistinct])]” Muse v. Schleiden, 349 F. Supp. 2d 990, 994 (2004). Accordingly, this Court has looked closely at the precedent governing its decision.

Defendant argues that the facts of this case are most analogous to those that led to the Supreme Court’s Decision in Linhart v. Lawson, 261 Va. 30, 540 S.E.2d 875 (2001). In Linhart, the Supreme Court affirmed the trial court’s findings that a Norfolk City School Board employee employed as a bus driver “was entitled to immunity for acts of simple negligence under the standards set out in Messina v. Burden.” Linhart, 261 Va. at 36, 540 S.E.2d at 878. The Court [301]*301succinctly reasoned that “the act complained of, transporting school children, involved discretion and judgment.” Id. at 36, 878. The Defendant asks this Court to contrast the Linhart

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Bluebook (online)
72 Va. Cir. 298, 2006 Va. Cir. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferro-v-shifflett-vaccprincewill-2006.