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BABB v. BODDIE-NOELL ENTERPRISES, INC.

No. CIV.A.98-0038-R.

69 F.Supp.2d 812 (1998)

David L. BABB, Plaintiff, v. BODDIE-NOELL ENTERPRISES, INC. Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

Order Denying Reconsideration December 15, 1998.

Attorney(s) appearing for the Case

F. Rodney Fitzpatrick, F. Rodney Fitpatrick, P.C., Roanoke, VA, for David L. Babb, plaintiff.

Melissa Walker Robinson, Gentry, Locke, Rakes & Moore, Cathleen Kailani Memmer, Gentry, Locke, Rakes & Moore, Roanoke, VA, for Boddie-Noell Enterprises, Inc. dba Hardee's, defendants.

MEMORANDUM OPINION

TURK, District Judge.

This matter is before the Court on defendant's motion for summary judgment. On January 13, 1996, plaintiff suffered injuries as a result of a slip and fall accident at Boddie-Noell's Hardee's restaurant in Christiansburg, Virginia.

On the day of the accident, plaintiff was delivering bread to Hardee's for his employer, Rainbo Bread. A heavy snow had fallen that morning and during the preceding week. Upon arriving...

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