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State court of last resort · ST-VA-SC
Volpe v. City of Lexington
No. 092583Supreme Court of Virginia
092583 Volpe v. City of Lexington 04/21/2011 In a suit by the administrators of a minor decedent who was an invitee at a city park that included a dammed portion of a river, and drowned in a dangerous water cu…
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092583 Volpe v. City of Lexington 04/21/2011 In a suit by the administrators of a minor decedent who was an invitee at a city par…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 21, 2011
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092583 Volpe v. City of Lexington 04/21/2011 In a suit by the administrators of a minor decedent who was an invitee at a city park that included a dammed portion of a river, and drowned in a dangerous water current (hydraulic) around the dam, the natural, ordinarily encountered dangers of the river were as a matter of law open and obvious, but the dangerous current was not necessarily visible to a swimmer, and the circuit court erred in holding as a matter of law that the dam presented such an open and obvious danger. That factually specific determination was an issue for the jury. Regarding plaintiffs' gross negligence claim, reasonable persons could differ on whether the cumulative effect…
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