Estate of Falls v. Commonwealth

By Judge Humes J. Franklin, Jr.

After considering the briefs presented by both parties, as well oral argument given on April 13, 2001, the Court is of the opinion that the Commonwealth of Virginia is protected by sovereign immunity. Further, the Defendants’ Demurrers, as to the claims of gross negligence by Dr. Saathoff and the request for punitive damages based on that claim, are overruled.

On April 13, 2001, this Court ruled on several of the issues presented by the Defendants at oral argument. It was previously agreed upon that Western State Hospital and the Virginia Department of Mental…