INDIAN ACRES OF THORNBURG, INC. v. DENION

Record No. 740467.

213 S.E.2d 797 (1975)

215 Va. 847

INDIAN ACRES OF THORNBURG, INC. v. Donna Marie DENION and Gary Biller, an infant.

Supreme Court of Virginia.

April 28, 1975.


Attorney(s) appearing for the Case

Frank B. Miller, III, Richmond (Sands, Anderson, Marks & Clarke, Richmond, on brief), for plaintiff in error.

David F. Peterson, Fredricksburg (Leland L. Baker, Jr., Hicks & Baker, Fredricksburg, on brief), for defendant in error Donna Marie Denion.

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


COMPTON, Justice.

The dispositive question in this tort action is whether the evidence was sufficient to present a jury question upon the issues of primary negligence and proximate cause.

Donna Marie Denion, the plaintiff below, was injured on July 11, 1970, in Spotsylvania County on property owned by defendant, Indian Acres of Thornburg, Inc., when she was struck in the face by a piece of concrete dropped from an observation tower by the co-defendant Gary...

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