SIMPSON v. CITY OF CHARLESTON

Civil Action No. 2:97-0838.

22 F.Supp.2d 550 (1998)

Anthony M. SIMPSON, Sr., Plaintiff, v. CITY OF CHARLESTON, a municipality, and the Kroger Company, a West Virginia corporation, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

October 1, 1998.


Attorney(s) appearing for the Case

Julia B. Shalhoup, Charleston, WV, for Plaintiff.

Ricklin Brown, John R. Teare, Jr., Elizabeth D. Harter and Maria Hughes, Bowles, Rice, McDavid, Graff & Love, Charleston, WV, for City of Charleston.

Travis S. Haley, Pullin, Knopf, Fowler & Flanagan Charleston, WV, for Kroger Co.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the Plaintiff and Defendant Kroger Company's ("Kroger's") cross motions for summary judgment on all issues. Defendant City of Charleston ("the City") requests partial summary judgment on the issues of the City's liability based on common law negligence and the availability of punitive damages against the City. Having carefully considered the extensive briefing by all parties on these motions...

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