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McBRIDE v. BENNETT

Record No. 131301.

764 S.E.2d 44 (2014)

Carolyn McBRIDE, as Administrator of the Estate of Donnell Earl Worsley, Deceased v. Joey Gaylan BENNETT, Jr., Individually and as an Employee of the City of Norfolk, et al.

Supreme Court of Virginia.

October 31, 2014.

Attorney(s) appearing for the Case

Carl C. La Mondue (La Mondue Law Firm, on brief), for appellant.

Alan B. Rashkind ( Jonathan R. Hyslop ; Furniss, Davis, Rashkind and Saunders, Norfolk, on brief), for appellee Joey Gaylan Bennett, Jr.

Brian N. Cassey ( James E. Brydges, Jr. ; Taylor & Walker, on brief), for appellee Derek Michael Folston.

PRESENT: All the Justices.

Opinion by Justice CLEO E. POWELL.

Carolyn McBride ("McBride"), the administrator for the estate of Donnell Worsley ("Worsley"), appeals the trial court's judgment that sovereign immunity bars her wrongful death action against Joey Gaylan Bennett, Jr. ("Bennett") and Derek Michael Folston ("Folston").

I. BACKGROUND

On July 25, 2010, Bennett and Folston were on-duty police officers working for the City of Norfolk. At around 1:00 a.m., Folston received...

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