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Court takes up sovereign immunity case

The Supreme Court of Virginia has granted a writ in a wrongful death drowning case where a judge held the claims against the city of Lexington fell short of gross negligence.

The case arose from the 2006 drowning death of a 16-year-old boy below a dam on the Maury River in a city park. Circuit Judge Michael Irvine dismissed the case on sovereign immunity grounds after a five-day trial ended with a deadlocked jury last year.

By Peter Vieth

One comment

  1. If one was going to dismiss on sovereign immunity, why would a trial judge put litigants through the time and expense of a five-day trial?

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