Lentz v. Morris

POFF, J.,

concurring.

In accordance with the views expressed in my concurring opinion in Messina v. Burden, 228 Va. 301, 314-16, 321 S.E.2d 657, 664-65 (1984), I would not attempt to distinguish between simple civil negligence and gross civil negligence for purposes of public-servant immunity. All governmental employees should be “immune from liability for damages arising out of unintentional torts committed in the performance of a judgmental or discretionary duty within the scope of their employment, without regard to whether the misfeasance or nonfeasance is simple or gross.” Id. at 315, 321 S.E.2d at 665. Because the plaintiff in the instant appeal has not alleged that the defendant teacher’s nonfeasance was intentional, I concur in the Court’s decision.