Herndon v. Southern Bell

VIRGINIA Q. BEVERLY, Circuit Judge.

Plaintiff, PHYLLIS SCHUCK HERNDON, hereinafter referred to as “HERNDON”, has sued Defendant, SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, hereinafter referred to as “SOUTHERN BELL”, for alleged negligence in allegedly creating a dangerous and hazardous condition by failing to replace a stop sign which had been removed while underground cable work was in progress. SOUTHERN BELL has filed a Motion for Summary Judgment in its favor. The undisputed facts are summarized in the following paragraphs.

*871. On February 9, 1976, work was performed for SOUTHERN BELL by…