915 S.E.2d 56
Va.2025Background
- Z.M., a non-verbal autistic student, alleges school bus staff abused and humiliated him during a bus ride, without any connection to the operation of the bus as a vehicle.
- Z.M. sued the Newport News School Board, alleging negligence, gross negligence, and seeking compensatory and punitive damages.
- The School Board invoked sovereign immunity, asking to be dismissed from the suit.
- The trial court denied sovereign immunity for negligence claims under Code § 22.1-194 but upheld it regarding punitive damages.
- The School Board appealed, arguing the statutory immunity waiver did not apply because no accident involving the vehicle occurred.
- The Supreme Court of Virginia reviewed the circuit court’s interpretation of Code § 22.1-194 and the scope of the sovereign immunity waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Code § 22.1-194 waive sovereign immunity for acts not involving a vehicle accident? | Only insurance coverage is required for waiver. | Both a vehicle accident and insurance coverage are prerequisites. | The bus was not "involved in an accident"; waiver does not apply. |
| Does the statute permit claims involving tortious acts occurring on, but not involving, a school vehicle? | Waiver extends to tortious acts occurring on buses with insurance. | Waiver limited to accidents involving vehicle use/operation. | Statute applies only if vehicle is involved in an accident. |
| Can the School Board be sued for gross negligence or intentional torts? | Gross negligence removes immunity for the Board. | Immunity applies to Board regardless of alleged tort. | Immunity for Board applies even for gross negligence. |
| May employees be individually liable for gross negligence? | Employees can be sued; immunity inapplicable for gross negligence. | -- | Suit may proceed against employees for gross negligence. |
Key Cases Cited
- Kellam v. School Bd. of the City of Norfolk, 202 Va. 252 (school boards have sovereign immunity)
- Carter v. Rector and Visitors of the University of Virginia, 267 Va. 242 (waivers of immunity must be express and strictly construed)
- City of Virginia Beach v. Carmichael Dev. Co., 259 Va. 493 (policy rationales for sovereign immunity)
- Linhart v. Lawson, 261 Va. 30 (limitations of the § 22.1-194 waiver)
- Wagoner v. Benson, 256 Va. 260 (school board liability depends on vehicle accident involvement)
- James v. Jane, 221 Va. 43 (government employees’ immunity for simple vs. gross negligence)
- Niese v. City of Alexandria, 264 Va. 230 (municipality immunity for intentional torts)
- Patten v. Commonwealth, 262 Va. 654 (sovereign immunity covers all torts absent express waiver)