1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 708 S.E.2d
  5. 708 S.E.2d 824 (2011)
 

VOLPE v. CITY OF LEXINGTON

Record No. 092583.

708 S.E.2d 824 (2011)

S. Charles VOLPE, co-administrator of the Estate of Charles Oliver Volpe, et al. v. CITY OF LEXINGTON.

Supreme Court of Virginia.

April 21, 2011.

Attorney(s) appearing for the Case

Mark D. Obenshain ( Richard C. Armstrong ; Andrew S. Baugher ; Lenhart Obenshain , on briefs), Harrisonburg, for appellants.

John W. Zunka ( Alvaro Inigo ; Zunka, Milnor & Carter, on brief), Charlottesville, for appellee.

Virginia Trial Lawyers Association ( Andrea J. Geiger ; Marks & Harrison, on brief), Richmond, amicus curiae in support of appellants.

Present: KINSER, C.J., LEMONS, MILLETTE, and MIMS, JJ., and LACY and KOONTZ, S.JJ.

OPINION BY Justice WILLIAM C. MIMS.

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe ("Charles") drowned in the Maury River below...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases