Virginia Judge Refuses Separate Trials in Lawsuit

A judge hearing a lawsuit filed by the families of two students slain in the mass shootings at Virginia Tech has denied a motion to conduct separate trials.

Franklin County Circuit Judge William Alexander rejected a defense motion in the lawsuit filed by the families of students Erin Peterson and Julia Pryde.

The families claim the state, Virginia Tech and university and mental health officials were grossly negligent by not immediately warning students of two shootings that occurred at 7:15 a.m. on April 16, 2007, in a dormitory.

Two hours later, student Seung-Hui Cho opened fire in Norris Hall classrooms.

Most of the families of the 32 people slain accepted their share of an $11 million state settlement. The families of Pryde and Peterson refused to participate.

Defense attorneys argued Friday that separate trials should be held to decide claims against counseling staff and top Tech administrators. But Alexander ruled that all matters would be decided by one jury, plaintiff’s attorney Bob Hall told The Roanoke Times.

The families’ $10 million lawsuit also name Cho’s estate.

Virginia Tech Police Chief Wendell Flinchum and university counsel Kay Heidbreder were dropped as defendants from the lawsuit on a defense motion. Hall said he has 45 days to file a motion seeking to reinstate them.

Alexander will preside over a Sept. 26 trial in Montgomery County Circuit Court in Christiansburg. Alexander was appointed to the case after Montgomery County judges recused themselves.