Patten v. Commonwealth

In this appeal, we consider an issue of sovereign immunity arising from the trial court’s dismissal of a wrongful death action under an exception in the Virginia Tort Claims Act, Code §§ 8.01-195.1 through -195.9 (the Act).

Thomas E. Patten, III, administrator of the estate of Maura K. Patten (the decedent), filed a motion for judgment against the Commonwealth and certain of its employees alleging, among other things, that based on their negligence, the decedent died while she was a patient at Western State Hospital (Western State). Western State is a residential psychiatric facility operated…