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HAWTHORN v. CITY OF RICHMOND

Record No. 960261.

484 S.E.2d 603 (1997)

253 Va. 283

Brian K. HAWTHORN, v. CITY OF RICHMOND.

Supreme Court of Virginia.

April 18, 1997.

Attorney(s) appearing for the Case

Thomas E. Albro (R. Lee Livingston; Tremblay & Smith, on briefs), Charlottesville, for appellant.

Beverly A. Burton, Senior Assistant City Attorney (William Joe Hoppe, Senior Assistant City Attorney, Elizabeth Butterworth Stutts, Assistant City Attorney, on brief), for appellee.

Present: All the Justices.

CARRICO, Chief Justice.

This is an appeal in a personal injury action brought by Brian K. Hawthorn (Hawthorn) against the City of Richmond (the City). Because the case was decided below on demurrer, we accept as true the well-pleaded facts set forth in Hawthorn's motion for judgment. Russo v. White, 241 Va. 23, 24, 400 S.E.2d 160, 161 (1991).

The City owns and operates a park on Belle Island in the James River containing...

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