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FRAZIER v. CITY OF NORFOLK

Record No. 841357.

362 S.E.2d 688 (1987)

David G. FRAZIER, a minor, etc., et al. v. CITY OF NORFOLK.

Supreme Court of Virginia.

November 25, 1987.

Attorney(s) appearing for the Case

Mona B. Schapiro (Richard H. Matthews; Steingold, Glanzer & Matthews, Norfolk, on briefs), for appellants.

George J. Dancigers (Mary G. Commander; Heilig, McKenry & Fraim, Norfolk, on brief), for appellee.

PRESENT: All the Justices.

COMPTON, Justice.

In this tort action against a municipality, we consider whether a particular city owned building is a "recreational facility," within the meaning of Code § 15.1-291, and, if so, whether the plaintiff failed as a matter of law to establish a prima facie case of gross negligence.

The statute in issue provides,

"No city or town which shall operate any bathing beach, swimming pool, park, playground or other recreational facility...

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