Marshall v. Winston

In this wrongful death case, we determine whether, under facts alleged in an amended motion for judgment, a sheriff and a jailer owed a special duty of care to protect a member of the general public from harm by a third person.

Lois Marshall, as administratrix of the estate of her husband, Jack E. Marshall, brought an action against Andrew J. Winston, Sheriff of the City of Richmond, and against Gregory J. Troublefield, Chief Jailer of the City’s jail, for the wrongful death of her husband. Jack Marshall was murdered by Marvin Mundy at a time when Mundy was supposed to have been incarcerated…