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Oral Arguments of the Supreme Court of Virginia


Nov 30, 2019

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Granted Appeal Summary

 

Case

SAM MASSENBURG, ADMINISTRATOR OF THE ESTATE OF COREY D. MASSENBURG, DECEASED v. CITY OF PETERSBURG (Record Number 190071) From The Circuit Court of the City of Petersburg; J. Teefey, Jr., Judge.

 

Counsel

Kevin T. Hadden, Mark S. Lindensmith, and Ryan T. Walker (Marks & Harrison, P.C.) for appellant. Jeremy D. Capps, Melissa Y. York, and George A. Somerville (Harman Claytor Corrigan & Wellman) for appellee.

 

Assignments of Error

 

  1. The Trial Court committed reversible error in granting the City’s Demurrer; Plaintiff’s First Amended Complaint was sufficient to withstand demurrer as to the City’s alleged negligence in carrying out its proprietary function of maintenance, repair and operation of its water system.

 

  1. The Trial Court committed reversible error in granting the City’s Plea in Bar based on sovereign immunity; Plaintiff was entitled to judgment on the Plea in Bar based on the City’s failure to carry its burden of proof and based on the proprietary nature of the City’s negligence; or, in the alternative, there were factual issues that should be decided by a jury, which Plaintiff specifically requested.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/190071.pdf