 | Board of Visitors minutes October 11, 1958 |  |
CLAIMS FOR DAMAGE TO STUDENTS' PERSONAL PROPERTY
The Chancellor reported that during the Spring of 1958, because of leaks in the water lines
in Betty Lewis Dormitory and Virginia Hall, certain students' personal property was damaged.
These students entered claims for the extent of the damage through the Director of Dormitories
totaling approximately $450.00.
The Bursar, apprehensive as to the extent of the College's authority to make any settlement
of these claims, wrote to the Attorney General on June 11 for his opinion. He replied to the
effect that we could not make settlement since we had no specific appropriation of this nature.
Because the claims are all of a relatively minor amount, he suggested an alternative procedure
for making settlement. His letter is shown as follows
Office of the Attorney General
Richmond
June 17, 1958
Mary Washington College
This is in reply to your letter of June 11, 1958, in which you state that in the past
college year there was a water pipe break in some of the dormitories of the College which
resulted in water damage to luggage and clothing belonging to students. You state that
you have been presented with claims from the students suffering these damages in the
amount of $275.00. You ask my advice as to whether or not these claims should be paid
As you know, the Commonwealth of Virginia and its institutions and agencies are not
subject to suit for tort claims, however, if damage is caused to some innocent person as
a result of neligence of the Commonwealth of Virginia or one of its institutions, then
there is a certain moral responsibility to compensate this innocent person for the damage.
The only way that this ordinarily can be done is through the enactment of a relief bill
by the General Assembly of Virginia, as there is no appropriation to my knowledge to any
State institution from which they may pay tort claims
The amount of the claims in this instance is so minor that I question the advisability
of a relief bill for this purpose. There is a practice in some institutions where a person
suffers minor damages as the result of negligence on the part of the institution to adjust
the claims for the damage by giving the person affected credit on tuition charges or room
rent or laundry charges, or some other such charges. This might be desirable in the case
which you present if there was negligence on the part of Mary Washington College
After a discussion, the following resolution was adopted by the Board
RESOLVED by the Board of Visitors of The Rector and Visitors of the University of Virginia
that Mary Washington College be and it is hereby authorized to refund or credit that portion
of the College general fees to the students whose personal property was damaged in an amount not
to exceed the estimate of the damage, subject to the approval of the Special Counsel of the
University and the Attorney General
| Board of Visitors minutes October 11, 1958 | |