Appeals Granted

Case

GRAFTON-WILLIAM PETERSON, ADMINISTRATOR OF THE ESTATE OF ERIN NICOLE PETERSON, DECEASED, AND HARRY W. PRYDE AND KAREN W. PRYDE CO-ADMINISTRATORS OF THE ESTATE OF JULIA KATHLEEN PRYDE, DECEASED v. COMMONWEALTH OF VIRGINIA AND CHARLES W. STEGER
(Record Number 121720)

From

The Circuit Court of Montgomery County; W. N. Alexander, II, Judge.

Counsel

L. Steven Emmert (Sykes, Bourdon, Ahern & Levy, P.C.) and Robert T. Hall (Hall and Sethi, P.L.C.) for appellants.

Patricia L. West, Wesley G. Russell, Jr., E. Duncan Getchell, Jr., Peter R. Messitt, and Mikie F. Melis (Office of the Attorney General) and William G. Broaddus and Jeremy S. Byrum (McGuireWoods) for appellees.

Assignments of Error

The trial court erroneously dismissed Steger from this action.
The trial court erroneously excluded evidence or mention of Virginia Tech’s policy No. 5615 (Plaintiffs’ Exhibit 14).

Assignments of Cross-Error

The circuit court erred in finding that President Steger was not a high-level governmental official entitled to immunity for his official acts, and therefore, erred in not dismissing the case against him for that reason.
The circuit court erred in finding that President Steger could have a duty to warn of third party criminal acts under these circumstances, and therefore, erred in not dismissing the case against him for that reason.
The circuit court erred in finding that the allegations regarding President Steger were sufficient to state a claim for gross negligence, and therefore, erred in not dismissing the case against him for that reason.

Date Granted

4-25-2013