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Plaintiffs withdraw balcony lawsuits

Three lawsuits filed following the fatal collapse of a balcony during the University's May 1997 graduation ceremonies have been withdrawn because the parties involved have agreed to try to reach out-of-court settlements.

The trial for one of the cases was scheduled to go to court Nov. 1, but "the parties got together and decided they wanted to try to work on settlements," said Randy Davis, spokesman for Attorney General Mark Earley.

The three cases that have been withdrawn were filed by family members of Mary Jo Brashear, the 73-year-old woman who died when a corroded iron rod broke, causing the Pavilion I balcony to collapse. Brashear was standing on the 175-year-old balcony to watch her granddaughter graduate from the University Medical School when the porch fell 14 feet, killing her and injuring 18 others.

Brashear's daughter, Barbara Gerard, filed suit for $2.8 million and Brashear's husband, Thomas Brashear, filed for $1.4 million. Brashear's daughter, Betty Shaffer, who serves as executor of her mother's estate, filed the third suit.

The lawsuits named the Commonwealth of Virginia, J. Murray Howard, the University curator and architect of the Academical Village, and Anadac Corp. - an engineering firm that visually inspected the balconies prior to the collapse but reported that they were in good condition.

After the balcony collapse, the University hired another firm to investigate the accident. The investigation concluded that moisture-related corrosion in the support rod probably caused the collapse. The rod had not been replaced since the balcony was built.

If a settlement is not reached, the three lawsuits can be re-filed up until May 1, Davis said.

Thirteen other suits stemming from the balcony collapse already have been settled for a total of $600,000, he said.

Two other lawsuits still are pending, but Davis said Commonwealth officials are optimistic that settlements can be reached for them as well.

The University has been working with Earley's office on the cases, University spokeswoman Louise Dudley said.

"We've been collaborating with them and giving them lots of information," Dudley said.

Earley's office is handling the case because the University is not directly named as a party in most of the lawsuits, she said.

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