Legal Opinion

Heller v. City of Virginia Beach

Supreme Court of Virginia

Decided March 5, 1973No. Record 8067PublishedCited by 13 opinions

1Opinion of the CourtCochran, J.

The question for our determination is whether Al Heller gave the notice required by Code § 8-65 3 1 before instituting this law action against the City of Virginia Beach for injuries alleged to have been caused by the City’s negligence in maintaining a street.

In his motion for judgment Heller alleged that on May 13, 1969, at or near the intersection of 17th Street and Atlantic Avenue he fell and sustained injuries as a result of the dangerous condition of the street. He further alleged that he had given due notice to the City of his fall.

The City filed a demurrer and grounds of defense…

2Cases cited5 opinions

  1. Bowles v. City of RichmondCourt of Appeals of Virginia · 1925
  2. City of South Norfolk v. DailSupreme Court of Virginia · 1948
  3. O'Neil v. City of RichmondSupreme Court of Virginia · 1925
  4. Daniel v. City of RichmondSupreme Court of Virginia · 1957
  5. City of Portsmouth v. CilumbrelloSupreme Court of Virginia · 1963

3Cited by13 opinions

  1. Town of Crewe v. MarlerSupreme Court of Virginia · 1984
  2. Miles v. City of RichmondSupreme Court of Virginia · 1988
  3. Miller v. City of CharlotteSupreme Court of North Carolina · 1975
  4. Nationwide Mutual Insurance v. ClarkSupreme Court of Virginia · 1973
  5. Boyce v. City of WinchesterWinchester County Circuit Court · 1995

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