BROWNING v. VECELLIO & GROGAN, INC.

No. 96-0667-R/B.

945 F.Supp. 930 (1996)

Kenneth M. BROWNING v. VECELLIO & GROGAN, INC.

United States District Court, W.D. Virginia, Big Stone Gap Division.

November 26, 1996.


Attorney(s) appearing for the Case

Carl E. McAfee, Gary G. Gilliam, McAfee, Bledsoe & Associates, P.C., Norton, VA, for plaintiff.

George W. Wooten, Michael Scott Fell, Wooten & Hart, Roanoke, VA, for defendant.


OPINION AND ORDER

JONES, District Judge.

In this diversity case, the defendant has moved to dismiss on the ground that the action against it is barred by the doctrine of sovereign or governmental immunity. The plaintiff claims that he was injured in a ditch left negligently uncovered by the defendant. The defendant contends that since it is alleged by the plaintiff that the construction of the ditch was pursuant to a contract between the defendant and the...

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