As a trial lawyer I take some flack on occasion. Many people see us generally as a group that is out for the money. They see us only as the television commercials portray us. What is not seen is how trial lawyers fight hard for their clients. What is done on a daily basis to ensure that our clients are treated fairly and not taken advantage of. Many times we are standing up for the David against Goliath.

            I have recently run across an example of this. Virginia medical malpractice and personal injury attorney Ben Glass has been fighting a case against Dilake, Inc. on behalf of his client, Juan Jiminez, who is physically disabled. I know you are thinking “so what?” This is what lawyers do all the time. Well this case is a little different. Dilake, Inc. is a charity and Virginia follows what I would call the antiquated Charitable Immunity Doctrine. This doctrine states that a charitable organization can not be sued by a beneficiary of the charity’s services while injured in the care of the charity. This means that there is no right to sue unless Glass can convince the Virginia Supreme Court to change the law.

            Most states have abolished this doctrine. Kentucky did so in 1961 in the case of Mullikin v. Jewish Hospital. This means that in Kentucky a charity can be sued if they are negligent. There is no bar based just on the status as a charity. This means if they are negligent they can not hide behind the shield of Charitable Immunity in Kentucky. An injured person can be fairly compensated.

            Glass’s case is set to be heard by the Virginia Supreme Court on August 26. I hope that Virginia does the right thing and over turns the Charitable Immunity Doctrine. When you hear the news that it has happened remember that there was a trial attorney fighting hard for his client. That justice would not have occurred for Mr. Jiminez without someone in his corner.

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