Smith v. City of Bristol

By JUDGE CHARLES B. FLANNAGAN, II

This matter is currently before the court on a motion for summary judgment.

The defendant City of Bristol, Virginia, contends that it is immune from suit because of the allegation that plaintiff’s damages resulted from negligence of the defendant in the maintenance or operation of a storm sewer system. The city contends that such a function is a governmental function for which the city enjoys immunity.

I am overruling the motion for summary judgment on the grounds that the city does not enjoy immunity for the negligent acts alleged.

First, plaintiff contends that…