VIRGINIA: Bright Orange Wheel Block Is Basis for Dismissal

In Kitts v Boddie-Noell Enterprises Inc., USDC for the Western District of Virginia, the court granted summary judgment in favor of Defendant holding that a bright orange concrete wheel block in a Hardee’s parking lot was an “open and obvious” condition.  As a result of the court’s finding as a matter of law, the Plaintiff’s personal injury lawsuit was dismissed.