RASCHER v. FRIEND

Record No. 090193.

689 S.E.2d 661 (2010)

William P. RASCHER v. Cathleen FRIEND.

Supreme Court of Virginia.

February 25, 2010.


Attorney(s) appearing for the Case

James J. O'Keeffe IV (Monica Taylor Monday; Anthony M. Russell; Gentry Locke Rakes & Moore, Roanoke, on briefs), for appellant.

Michael E. Thorsen (Dana L. Tubb; Trichilo, Bancroft, McGavin, Horvath & Judkins, Fairfax, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and CARRICO, S.J.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the circuit court erred in striking the plaintiff's evidence in a personal injury case arising from a motor vehicle accident on the ground that the plaintiff was contributorily negligent as a matter of law. The plaintiff contends that the issue of his contributory negligence should have been submitted to the jury. Additionally, the plaintiff contends that, even if his actions were negligent...

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