LAWHORNE v. HARLAN


200 S.E.2d 569 (1973)

214 Va. 405

Julia LAWHORNE, Personal Representative of Elmer R. Lawhorne, Deceased v. John F. HARLAN, Jr., et al.

Supreme Court of Virginia.

November 26, 1973.


Attorney(s) appearing for the Case

F. Guthrie Gordon, III, Charlottesville (John C. Lowe, Lowe & Gordon, Charlottesville, on brief), for plaintiff in error.

Edward R. Slaughter, Jr., Charlottesville, Jack B. Russell, Richmond (David Craig Landin, William D. Jones, Charlottesville, McGuire, Woods & Battle, Browder, Russell, Little & Morris, Richmond, on briefs), for defendants in error.

Before SNEAD, C. J., and I'ANSON, HARRISON, COCHRAN, HARMAN and POFF, JJ.


HARMAN, Justice.

The question presented here is whether the cloak of sovereign immunity protects the administrators and a surgical intern of the University of Virginia Hospital (hospital), an organ of the state, in an action for wrongful death brought by the personal representative of a former patient who is alleged to have died because of negligence in the diagnosis, treatment and care of his injury.

Writs of error were sought to a ruling of the trial court...

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