Cantor Arkema Prevails in Brain Injury Ruling

Aubrey Ford

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Aubrey Ford served as lead counsel in a case pending in the Augusta County Circuit Court involving a brain injury suffered by the infant of a police officer employed by the City of Waynesboro. Augusta County Circuit Court Judge Wood ruled in favor of the infant in a very complex ruling on sovereign immunity.

The case involved the serious traumatic brain injury suffered by the fetus of the police officer while she was 32 weeks pregnant resulting from a serious fall occurring while she was on duty and the result of the negligence of another police officer. The lawsuit was filed against the City of Waynesboro and two of the City's police officers. All defendants filed a plea of sovereign immunity, alleging that as government workers, they were immune from suit. The Judge ruled that the case could proceed against one of the police officers since his duties at the time were simple ministerial duties and did not involve discretion and judgment. The case will now proceed to trial on the issues of negligence and proof of the brain injury to the child who is now two years old.

Ethan P. Holley, an Infant, By His Father, Guardian, and Next Friend, Keith P. Holley, Jr. v. City of Waynesboro, Charles Coker and James M. Short
Augusta County Circuit Court
Case No.: CL06000189-00