Stafford County Attorney Joe Howard said tort cases against the county, although rare, come down to the question of negligence versus gross negligence. Sovereign immunity would not protect a locality in a case of gross negligence, but that is extremely difficult to prove. The county would almost have to intentionally plan to harm someone to prove gross negligence.

"There's no question it was tragic," Howard said. "But these cases are tricky and complicated."

Howard was not involved in defending Knippel's lawsuit--that was handled by private attorneys for Fredericksburg, Stafford and the R-Board. Typically, localities have insurance that covers the cost of defense in tort cases.

Sinclair said the defendant's first reaction in such cases is usually to plead sovereign immunity.

"Courts always say it is a protection of the public purse, of taxpayers," Sinclair said. "A 'con' is that it results in uncompensated injuries where there is clearly negligence in some instances."

He also said that the need for sovereign immunity has been questioned on occasion.

"It has been the subject of considerable attention of law reformers over the past eight years," he said.

MOVING ON

Like her late husband, Renee Knippel is a Marine. She is now stationed in New Orleans, but still owns their house in Stafford. She hopes to move back to the county.

For now, each trip back to Virginia includes a stop at Arlington National Cemetery, where Bruce was buried with full military honors.

In the first year after he died, Renee would take Ellie to Arlington on weekends.

"She grew up basically running around in the graveyard," Renee Knippel said.

It has been a difficult healing process for them. But for Renee, one of the hardest parts has been the frustration she found in the legal system.

She wants others to know how unfair the system can be.

"If someone doesn't fight," she said, "how would anything get changed?"

Jonas Beals: 540/368-5036
Email: jbeals@freelancestar.com