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Virginia Supreme Court Reinstates Wrongful Death Car Accident Lawsuit

While a previous judge from Henrico County Circuit Court dismissed the wrongful death case, the Virginia Supreme Court is sending the case back to trail.

In 2004, 14-year-old Jaimee Kellerman went to sleep over at a friend’s house. Before she left, her parents talked to the parents of the family she was staying with and made clear that her daughter was not to ride with a teenaged boy driver. After going to the movies, Kellerman got into the car with her friend and a 17-year-old driver. He crashed the car into a tree going 80 miles per hour and Kellerman died. The driver, who had a history of reckless behavior, was charged with manslaughter.

Kellerman’s parents are arguing that her friend’s parents had a responsibility to keep their daughter safe while under their care. While the first judge dismissed the wrongful death case, which was for $15 million, saying that the parents still held responsibility, the split decision of the Virginia Supreme Court said that the McDonoughs could be liable for the harm that came to Kellerman while under their care and supervision.

This case could have great ramification since it asks a very important question about wrongful death: do the temporary caretakers of minors, such as the parents that are overseeing a sleepover, owe a duty to provide reasonable care for the child at that time? If a child is visiting your house, are you responsible for keeping that child from harm?

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