Scott v. City of Lynchburg

The sole issue in this appeal is whether the trial court erred in ruling that, as a matter of law, the plaintiff was contributorially negligent.

Eleanor Marie Scott sued the City of Lynchburg for injuries she sustained in a fall at the City’s “Community Market.” After the parties had completed discovery, the City moved for summary judgment on the ground that, as a matter of law, Scott was guilty of contributory negligence. The parties stipulated that the trial court could consider the discovery depositions of Scott, of her husband, and of her expert witness in ruling on the City’s motion.…