Virginia Lawyers Weekly

Allen v. City of Petersburg

Type of Case: Wrongful death, traffic crash involving police car

Attorneys: Paul D. Hux, Petersburg; P. Christopher Guedri, Douglas A. Barry, Richmond

Summary: A couple in their 70s were killed when a police cruiser driving 65 mph in a 35 mph zone without lights or siren struck their vehicle at an intersection in Petersburg. The officer testified that he was speeding to the aid of another officer who had been dispatched to an apartment complex with a high crime rate.

Before the case was settled through mediation, the trial judge had ruled that the policeman and the city were protected by the doctrine of sovereign immunity, so that the decedents’ estate would have to prove gross negligence to prevail at trial.

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