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BAUMGARDNER v. S.W. VA. MENTAL HEALTH INST.

Record No. 930625.

442 S.E.2d 400 (1994)

George E. BAUMGARDNER, Administrator of the Estate of Non Thi Baumgardner, Deceased, v. SOUTHWESTERN VIRGINIA MENTAL HEALTH INSTITUTE, et al.

Supreme Court of Virginia.

April 15, 1994.

Attorney(s) appearing for the Case

Charles L. Bledsoe, Norton (McAfee, Bledsoe, Lovell & Lee, on brief), for appellant.

Byrum L. Geisler, Abingdon (William W. Eskridge, Penn, Stuart, Eskridge & Jones, on brief), for appellees.

Present: All the Justices.

KEENAN, Justice.

This appeal presents an issue of sovereign immunity arising from the trial court's dismissal of a negligence action pursuant to a stated exception in the Virginia Tort Claims Act, Code §§ 8.01-195.1 to -195.9 (the Act).

George E. Baumgardner, administrator of the estate of Non Thi Baumgardner, filed a motion for judgment against Southwestern Virginia Mental Health Institute (Southwestern), the State Mental Health and Mental Retardation...

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