Carter v. City of Bristol

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is presently before the court on defendant’s motion for summary judgment.

The underlying facts are as follows. In the late 1960’s the State of Virginia (“Virginia”) redesigned a thoroughfare in Bristol. Virginia widened this street, built new sidewalks, and constructed driveways on some of the commercial lots. The City of Bristol (“Bristol”) assumed responsibility for maintenance after Virginia had completed the project.

Cecil’s Market, a produce stand, subsequently moved onto one such lot. In 1982 the plaintiff, Maxine Carter…