The Supreme Court of Virginia (VA) issued a ruling in the case of Volpe vs. City of Lexington which may allow the Volpes to get a new trial on an important safety hazard issue. This case revolved around a tragic wrongful death drowning accident involving the Volpe's son. He visited the Riverside Park owned by the City of Lexington, Virginia (VA) and drowned in the Maury River below a low-head dam.
An important issue the court tried to resolve was whether the Jordan's Point dam hydraulic effect was an "open and obvious" danger and thus, the city of Lexington had a duty to warn Volpe, and other guests.
Getting a definitive legal ruling on this issue could help future victims of wrongful death accidental drownings pursue justice through the court system. There have been 1,129 drownings in Virginia between 1997 and 2006, according to the VA Department of Health. Out of these drownings, 973 have been related to drowning accidents.
If you lost a loved one in a drowning accident, consider consulting with a VA wrongful death lawyer. You may be able to recover damages including the pain and suffering you endured as a result of the loss.