797 F.Supp.3d 634
W.D. Va.2025Background
- Plaintiff Sarah Broggin was a tenant at Woods at James Crossing Apartments, owned/operated by Defendants Atlantic Housing Foundation (AHF) and Atlantic Housing Management (AHM).
- On June 6, 2023, a fire started on the first floor of Broggin’s building; no smoke alarms went off and Broggin was trapped until rescued.
- Broggin alleges the Defendants failed to provide fire safety devices and violated various Virginia codes and statutes, resulting in her personal injuries and property loss.
- Broggin's complaint listed statutory/code violations but did not identify any specific provisions Defendants allegedly violated.
- Defendants moved to dismiss Broggin’s negligence per se claims and argued for complete diversity to keep the case in federal court.
- The court ruled on the motion to dismiss and addressed the question of subject matter jurisdiction (diversity of citizenship).
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Proper subject matter jurisdiction (diversity) | Baxter is VA citizen, destroying diversity | Baxter is NC citizen (showing records/voter registration) | Complete diversity established; removal proper |
| Sufficiency of pleading statutory violations (per se negligence) | Defendants violated fire/building codes (broadly alleged) | Complaint lacks specificity—no sections/provisions cited | Dismissed without prejudice for amendment |
| Need for government notification/investigation for per se claim | No such procedural requirement for pleading | Claims must allege notice/investigation by local government | No such requirement; dismissal w/o prejudice |
| Negligence per se under VA Residential Landlord Tenant Act | VRLTA creates tort duty supporting negligence per se | VRLTA does not provide basis for tort duty or per se claim | Dismissed with prejudice |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (federal pleading standard — plausibility, not mere conclusions)
- Ashcroft v. Iqbal, 556 U.S. 662 (standard for surviving a motion to dismiss)
- Scott v. Cricket Commc’ns, LLC, 865 F.3d 189 (relevant factors for party’s citizenship in diversity jurisdiction)
- McGuire v. Hodges, 639 S.E.2d 284 (USBC violation can support negligence per se claim without prior government notice)
- Va. Elec. & Power Co. v. Savoy Constr. Co., 294 S.E.2d 811 (building code violations can form basis for negligence per se)
- Isabell v. Com. Inv. Assocs., 273 Va. 605 (VRLTA does not create landlord tort duty)
- Beasley v. Bosschermuller, 206 Va. 360 (violation of statute is not a shortcut to tort liability absent legislative intent)