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MADDOX EX REL. MADDOX v. COM.

Record No. 031064.

594 S.E.2d 567 (2004)

267 Va. 657

Joshua MADDOX, an Infant Who Sues by his Parents and Next Friends, Tom and Amy MADDOX v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

Jayne A. Pemberton (Temple W. Cabell, Richmond; Schaffer & Cabell, on briefs), for appellant.

Peter R. Messitt; Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General; Judith Williams Jagdmann, Deputy Attorney General; Edward M. Macon, Senior Assistant Attorney General; Catherine Crooks Hill, Assistant Attorney General, on brief), for appellee.

Present: LACY, KEENAN, KOONTZ, KINSER, LEMONS and AGEE, JJ.

KINSER, Justice.

Joshua Maddox ("Maddox"), an infant suing by his parents and next friends, Tom and Amy Maddox, brought an action against the Commonwealth of Virginia ("Commonwealth") for personal injuries Maddox suffered in a bicycle accident. In his motion for judgment, Maddox asserted separate claims for negligent construction and negligent maintenance of a sidewalk, and separate claims for creating a nuisance and maintaining a nuisance due to the alleged dangerous...

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