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COM. v. BURNS

Record No. 060774.

639 S.E.2d 276 (2007)

COMMONWEALTH of Virginia, et al. v. Karen BURNS, et al.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Stephen M. Hall, Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., Maureen Riley Matsen, Deputy Atty. Gen., Peter R. Messitt, Sr. Asst. Atty. Gen., on briefs), for appellants.

Thomas L. Phillips, Jr. (Gentry R.P. Ferrell, Rustburg, Monica Taylor Monday, Gregory D. Habeeb, Roanoke, Phillips Morrison Johnson & Ferrell, Gentry Locke Rakes & Moore, on briefs), for appellees.

Virginia Trial Lawyers Assn. (Christopher A. Meyer, Allen, Allen, Allen & Allen, Mechanicsville, on brief), amicus curiae in support of appellee Karen Burns.

Present: All the Justices.

OPINION BY Chief Justice LEROY R. HASSELL, SR.

In this interlocutory appeal, filed pursuant to Code § 8.01-670.1, we consider whether plaintiff's claims for negligence and gross negligence against an employee of the Virginia Department of Transportation and the Commonwealth of Virginia are barred by the public duty doctrine.

Plaintiff, Karen C. Burns, administrator of the estate of Dennis E. Burns, filed her motion for judgment against the Commonwealth...

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