Maddox v. Commonwealth

Joshua Maddox (“Maddox”), an infant suing by his parents and next friends, Tom and Amy Maddox, brought an action against the Commonwealth of Virginia (“Commonwealth”) for personal injuries Maddox suffered in a bicycle accident. In his motion for judgment, Maddox asserted separate claims for negligent construction and negligent maintenance of a sidewalk, and separate claims for creating a nuisance and maintaining a nuisance due to the alleged dangerous condition posed by the design of the sidewalk. The circuit court granted the Commonwealth’s plea of sovereign immunity and dismissed the motion…