District Court, S.D. West Virginia October 1, 1998, Civil Action 2:97-0838 (Simpson v. City of Charleston)

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the Plaintiff and Defendant Kroger Company’s (“Kroger’s”) cross motions for summary judgment on all issues. Defendant City of Charleston (“the City”) requests partial summary judgment on the issues of the City’s liability based on common law negligence and the availability of punitive damages against the City.