    IN THE UNITED STATES DISTRICT COURT  FOR THE WESTERN DISTRICT OF VIRGINIA  ROANOKE DIVISION    RICHARD POWELL,      Plaintiff,    v.    BOXLEY MATERIALS COMPANY    Defendant.  )  )  )  ) Case No. 7:19-cv-189  )  ) By: Elizabeth K. Dillon  ) United States District Judge  )  )  )    MEMORANDUM OPINION    On the night of September 20, 2017, plaintiff Richard Powell was injured in a single-  vehicle motorcycle accident on Route 11 in Buchanan, Virginia. Route 11 was in the process of  being milled and repaved by defendant Boxley Materials Company1 (Boxley). Powell contends  that Boxley failed to warn Powell of the dangerous condition of the road created by Boxley,  which failure caused the accident and Powell’s injuries. This matter is before the court on  Boxley’s motion for summary judgment. (Dkt. No. 67.) As noted at the hearing and for the  reasons stated below, the court will deny the motion for summary judgment.  I. BACKGROUND    In February 2017, defendant Boxley entered a contract with the Virginia Department of  Transportation (VDOT) to provide milling and paving on Route 11. (Contract, Pl. Ex. A, Dkt.    1  Powell originally sued defendants “LMC Safety Barricade Corporation” and “Summit Materials d/b/a  Boxley Materials Company.” Powell has subsequently settled with defendant LMC Safety Barricade Corporation;  therefore, LMC has been terminated. Further, on November 16, 2021, the remaining defendant filed an unopposed  motion to correct the misnomer in Powell’s amended complaint (Dkt. No. 179), which was granted by oral order.  (Dkt. No. 220.) The remaining defendant is properly named Boxley Materials Company.  Case 7:19-cv-00189-EKD-RSB Document 224 Filed 11/30/21 Page 1 of 8 Pageid#: 1659