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City of Lynchburg v. Brown
042069 City of Lynchburg v. Brown 06/09/2005 In a "slip and fall" personal injury case involving a damaged bleacher at a municipally-maintained athletic park, the trial court erred in refusing to rule that the…
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042069 City of Lynchburg v. Brown 06/09/2005 In a "slip and fall" personal injury case involving a damaged bleacher at a municipa…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 9, 2005
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042069 City of Lynchburg v. Brown 06/09/2005 In a "slip and fall" personal injury case involving a damaged bleacher at a municipally-maintained athletic park, the trial court erred in refusing to rule that the plaintiff failed to establish that the municipality was guilty of gross negligence. While the municipality's employees committed acts of omission by failing to observe the open and obvious damage to the bleacher, such conduct merely amounts to ordinary negligence, and constructive knowledge of this hazard, standing alone, is insufficient to present a jury issue on gross negligence. The judgment of the trial court is reversed and final judgment is entered in the municipality's favor.
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