Phelan v. CommonwealthAnnotate this Case
Plaintiff, an inmate incarcerated at the Deerfield Correctional Center, allegedly injured her knee while working in the canning department of the Southampton complex. Plaintiff filed a complaint against the Commonwealth. The Commonwealth filed a special plea in bar asserting that Plaintiff’s action was barred by sovereign immunity because Plaintiff failed to state the agency that was allegedly liable for her injuries in her notice of claim as required by the Virginia Tort Claims Act (VTCA). The trial court sustained the Commonwealth’s plea in bar. the Supreme Court affirmed, holding that Plaintiff’s claim was barred by sovereign immunity, as Plaintiff failed to meet the express notice requirements of the VTCA.