Ali v. City of Fairfax et al
Fatima Ali |
City of Fairfax and John Doe 1 |
1:2014cv01143 |
September 5, 2014 |
US District Court for the Eastern District of Virginia |
Alexandria Office |
Out of State |
John F. Anderson |
T. S. Ellis |
Motor Vehicle |
28 U.S.C. ยง 1441 |
Plaintiff |
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Filing 60 MEMORANDUM OPINION - In sum, because Fairfax City's operation of a municipal bus system is a governmental function entitling it to sovereign immunity, summary judgment is appropriate with respect to Fairfax City. Additionally, Cowden is entitled to immunity from claims of ordinary negligence because the operation of a municipal bus involves the exercise of discretion and judgment. Finally, summary judgment in favor of Cowden on plaintiffs gross negligence claim must be denied because a reasonable jury, on this record, could find that Cowden's acts or failures to act constituted gross negligence. An appropriate Order will issue. Signed by District Judge T. S. Ellis, III on 03/30/2015. (dvanm, ) |
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