Bialk v. City of Hampton

This case turns upon the question whether a city was engaged in a governmental function or a proprietary function while clearing snow from its streets in an alleged emergency situation that resulted from a winter storm.

James C. Bialk (the plaintiff) brought this action against the City of Hampton (the City) to recover damages for personal injuries he received when he was struck by snow thrown from the blade of a snowplow which was being operated by a City employee. The City filed a motion for summary judgment, raising the defense of governmental immunity. After hearing evidence on the motion,…