Nature of the Case
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Facts
The Virginia Tech Police Department received a call that an incident had occurred in the West Ambler Johnston Hall dormitory, but the specifics of what had happened were unknown. The officers found two gunshot victims: a female and a male. Police came to believe that they were investigating a domestic homicide. Police believed that this was an isolated incident that posed no danger to others and that the shooter had fled the area. They did not believe that a campus lockdown was necessary. Police also learned that the female's boyfriend was a gun enthusiast. A BOLO was posted, and police located the boyfriend at approximately 9:45 a.m. He explained that he had dropped his girlfriend off that morning around 7 a.m. and then headed to Radford University for his 8 a.m. class. The boyfriend consented to a search of his vehicle and shoes. He also allowed the police to conduct a gunshot residue test. Police then received word that there were 'active shots' in Norris Hall. The left for the Virginia Tech campus. The President of Virginia Tech called a meeting of a group of administrators tasked with campus safety to assess the situation and handle the release of information pertaining thereto. They learned that a female and a male student had been shot, at least one of whom was dead, that the shootings appeared targeted, likely domestic in nature, and that the shooter had likely left the campus. The Policy Group convened around 8:30 a.m. and while they were learning more and more indicated that the information was not releasable because Virginia Tech was working on a press release. A campus notice was sent out by campus-wide 'blast e-mail' at 9:26 a.m. about a shooting but no notice of general danger. At approximately 9:45 a.m., the mass shooting at Norris Hall began. At 9:50 a.m. a second campus-wide 'blast e-mail' was sent stating that 'a gunman is loose on campus. Erin Peterson and Julia Pryde were among the victims murdered in Norris Hall. Police later identified Seung-Hui Cho as the shooter. Ps filed wrongful death claims against D. D argued that there was no foreseeable harm to the students and that the evidence failed to establish that any alleged breach of a duty of care was the proximate cause of the deaths. The jury returned a verdict awarding $4 million to each family. The court reduced each verdict to $100,000 in accordance with the VTCA, Code § 8.01-195.3. D appealed.
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