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
1 response so far ↓
1 Dave Briggman // Jun 29, 2010 at 12:27 pm
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?