Elsey v. City of Norfolk

By Judge Charles E. Poston

Today the Court denies the City ofNorfolk’s Special Plea of Governmental Immunity. The Court holds that the City of Norfolk’s maintenance of a parking gate arm at the exit of one of its parking garages is a proprietary function, thus precluding the City from invoking sovereign immunity to bar Plaintiffs personal injury action.

On April 30, 2001, Plaintiff, Sharon Elsey, parked her motorcycle in the Waterside Parking Garage owned by the City of Norfolk. Access to this garage is open generally to the public and payment of a fee is required upon exit. As the Plaintiff…