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HAYMORE v. BRIZENDINE

172 S.E.2d 774 (1970)

210 Va. 578

Hazel R. HAYMORE, Admr., etc. v. Janice Haymore BRIZENDINE, An Infant, et al.

Supreme Court of Appeals of Virginia.

Rehearing Denied April 28, 1970.

Attorney(s) appearing for the Case

James D. Hundley, Richmond (Hundley & Taylor, Richmond, on brief), for plaintiff in error.

G. Kenneth Miller, A. Scott Anderson, Richard W. Schaffer, Richmond (John G. May, Jr., Sands, Anderson, Marks & Clarke, Richmond, on brief), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

The plaintiff, Deborah Ray Haymore's administrator, brought this wrongful death action against Janice Haymore Brizendine and John Doe. The administrator alleged that Deborah, "an occupant in" an automobile operated by Janice, was killed as a result of Janice's gross negligence. The administrator alleged that Deborah's death was also caused by the concurring negligence of John Doe, the unknown driver of another vehicle.

The jury returned a...

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