Infant C. v. Boy Scouts of America et al., 23 Va. Cir. 168

Summary

Plaintiff brought a negligence action against the convict and the tortfeasors jointly and severally. After plaintiff's claim against the convict was dismissed, review was sought, and plaintiff was granted a new trial. Thereafter, the convict sought payment of the fees and expenses incurred by the convict's guardian ad litem in defending the trial action. The court held, pursuant to Va. Code Ann. § 14.1-188, that plaintiff was required to pay the costs of the former trial as a precondition to proceeding to a new trial against the convict. The court held the guardian ad litem's fees and expenses had been appropriately taxed as costs under Va. Code Ann. § 8.01-9(A) because the convict, as a person under a disability pursuant to Va. Code Ann. § 8.01-2(6)(a), had insufficient funds to make payment. Moreover, the court held plaintiff was responsible for the costs of the proceedings with respect to the convict because the convict had been the prevailing party in the trial action under Va. ...