Carroll v. Charles E. Smith Management, Inc.

By JUDGE ALFRED D. SWERSKY

The matter is before the Court on Defendant VEPCO’s renewed Motion of Partial Summary Judgment; the basis of which is that absent notice pursuant to statute (Section 56-265.17) it is not liable for injuries allegedly sustained by plaintiff. VEPCO claims that the statute preempts the common law duties existing prior to passage of the statute.

Plaintiff responds by arguing that the act is inapplicable to the plaintiff’s claim and that the statute does not relieve VEPCO of its duty except within certain limited situations.

It is clear that at common law a producer and…