WDBJ files motion to dismiss shooting survivor's lawsuit

Vicki Gardner is filing suit against the station after surviving 2015's shooting


ROANOKE, Va. – WDBJ has filed a motion to have the lawsuit filed against the station by the woman who survived the deadly 2015 attack that killed two local journalists dismissed.

In an amended lawsuit, Vicki Gardner is suing WDBJ for $6 million in damages.

WDBJ's motion to dismiss, filed Friday, seeks to have Gardner's case dismissed with prejudice.


WDBJ contends the lawsuit "fails to state a cause of action and fails to state facts sufficient to support a cause of action against WDBJ for negligent hiring and negligent retention."

Furthermore, because Vester Flanagan was not a WDBJ employee at the time of the shooting, "an employer does not act through its former employees; therefore, the torts of negligent hiring and negligent retention do not apply in situations where there is no active employment. 

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