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HARRELL v. CITY OF NORFOLK

Record No. 021419.

578 S.E.2d 756 (2003)

265 Va. 500

Gordon Fletcher HARRELL, Jr., v. CITY OF NORFOLK.

Supreme Court of Virginia.

April 17, 2003.

Attorney(s) appearing for the Case

John L. Watts (Jeffrey A. Breit; Breit, Descher & Imprevento, on brief), Norfolk, for appellant.

Harold P. Juren, Chief Deputy City Attorney (Bernard A. Pishko, City Attorney, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred by granting the City of Norfolk's special plea in bar and dismissing a motion for judgment for personal injuries on the ground that the alleged negligence concerned maintenance of a traffic regulatory device which involves a discretionary governmental function, invoking sovereign immunity from suit.

I. Facts and Proceedings Below

On August 30, 1999 at approximately...

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