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To: DeerfieldObserver

One main result of this article is that the estates of the dead students will be able to sue the State of Virginia for gross negligence in not updating the database prohibiting gun sales to people with mental problems.

This will cost them $$$ and will be a slam dunk for anyone suing the state of Virginia.


13 posted on 04/21/2007 1:27:14 AM PDT by DeerfieldObserver
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To: DeerfieldObserver
"This will cost them $$$ and will be a slam dunk for anyone suing the state of Virginia"

I believe the standard is "Gross Negligence" and I'm not sure this error constitutes that. Soverign Immunity might well protect the state from what should be its obligation in this matter.

37 posted on 04/21/2007 2:58:05 AM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
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To: DeerfieldObserver
Virginia is not a state -- it's a commonwealth.

It may sound like a matter of semantics, but it's not. From a legal standpoint, one of the defining features of a commonwealth is that the sovereign government cannot be held liable in civil court -- or has severe limits on liability in civil court.

Someone posted a message on a thread earlier this week indicating that Virginia's liability would be limited to $150,000 per person. I don't know if this is correct, but it sounds reasonable.

87 posted on 04/21/2007 7:34:00 AM PDT by Alberta's Child
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