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MARSHALL v. WINSTON

Record No. 890438.

389 S.E.2d 902 (1990)

Lois MARSHALL, Administratrix, etc. v. Andrew J. WINSTON, Sheriff, et al.

Supreme Court of Virginia.

March 2, 1990.

Attorney(s) appearing for the Case

Gerald T. Zerkin (Karen Ely-Pierce, Frank M. Feibelman, Richmond, on briefs), for appellant.

Michael P. Falzone (Charles F. Witthoefft, Paul A. Simpson, Kathleen S. Mehfoud, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Hazel, Thomas, Fiske, Beckhorn & Hanes, on brief), for appellees.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING, and HASSELL, JJ., and GORDON, Retired Justice.

STEPHENSON, Justice.

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...

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