03 Feb Virginia: Wrongful Death – a Lawyer’s VT
In Commonwealth v. Peterson, No. 121717, the Virginia Supreme Court set aside 2 $4,000,000.00 wrongful death jury verdicts against the Commonwealth in favor of 2 families of slain Virginia Tech students, which had been reduced to $100,000.00 apiece under the Virginia Tort Claims Acts by the trial judge. In its defense and on appeal, the Commonwealth had relied on Mr. Waterman’s school brain injury case, Burns v. Gagnon, 283 Va. 657, 668 (2012). Id. at 7.
Commonwealth v. Peterson concluded: “Assuming without deciding that a special relationship existed between the Commonwealth and Virginia Tech students, based on the specific facts of this case, as a matter of law, no duty [to protect VT students or even] to warn students of harm by a third party criminal arose” Id. at 15. Consequently, the Court did not reach Defendant’s causation or jury instruction assignments of error. Id. at 8.
Mr. Waterman routinely handles wrongful deaths and personal injuries in vehicle accident, medical malpractice, and other cases. He has done so over 30 years.
THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.