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SIMMERS v. DEPOY

184 S.E.2d 776 (1971)

212 Va. 447

Roger Lee SIMMERS v. Mildred Armentrout DEPOY.

Supreme Court of Virginia.

November 29, 1971.

Attorney(s) appearing for the Case

Phillip C. Stone, Harrisonburg (W. W. Wharton, Wharton, Aldhizer & Weaver, Harrisonburg, on brief), for plaintiff in error.

James R. Sipe, Harrisonburg (Donald D. Litten, Nathan H. Miller, Harrisonburg, on brief), for defendant in error.

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

CARRICO, Justice.

On August 29, 1967, Mildred Armentrout DePoy was crossing a street in the city of Harrisonburg when two cars, one behind the other, approached her. The first car, driven by Donald Allen Orebaugh, swerved and missed Mrs. DePoy. The second, driven by Roger Lee Simmers, struck and injured her.

Mrs. DePoy brought an action for her injuries against both drivers. The jury exonerated Orebaugh but returned a verdict against Simmers in the sum of...

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