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CITY OF LYNCHBURG v. BROWN

Record No. 042069.

613 S.E.2d 407 (2005)

270 Va. 166

CITY OF LYNCHBURG v. Judy BROWN.

Supreme Court of Virginia.

June 9, 2005.

Attorney(s) appearing for the Case

John T. Cook (Pavlina B. Dirom; Caskie & Frost, on briefs), for appellant.

Norman A. Kinnier (Fralin, Feinman, Coates & Kinnier, on brief), Lynchburg, for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and COMPTON, S.J.

COMPTON, Senior Justice.

Code § 15.2-1809 creates immunity from liability for ordinary negligence when a city is sued for personal injury damages resulting from the maintenance of any park or recreational facility. The statute provides, however, that a city shall be liable for gross negligence in the maintenance of such an area.

The sole question presented in the appeal in this civil action is whether the trial court erred by refusing to rule as a matter...

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