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SUMNER v. SMITH

Record No. 771342.

257 S.E.2d 825 (1979)

Joseph L. SUMNER, Jr. v. Joyce B. SMITH.

Supreme Court of Virginia.

August 30, 1979.

Attorney(s) appearing for the Case

Melvin J. Radin, Norfolk (Henry L. Sadler, III, Arthur C. Ermlich & Associates, Norfolk, on brief), for appellant.

Richard Y. AtLee, Newport News (Hall, Fox & AtLee, P. C., Newport News, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, COCHRAN, HARMEN, POFF and COMPTON, JJ.

COCHRAN, Justice.

Joseph L. Sumner, Jr., plaintiff in the trial court, filed his motion for judgment against Joyce B. Smith, defendant, seeking damages for personal injuries alleged to have been sustained by Sumner on March 11, 1975, when a motor vehicle in which he was riding as a passenger was struck from the rear by an automobile operated by Mrs. Smith. At the conclusion of plaintiff's evidence, the trial court, over plaintiff's objection, granted defendant's motion...

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