HEMMING v. HUTCHINSON

Record No. 791025.

277 S.E.2d 230 (1981)

Michael B. HEMMING v. John C. HUTCHINSON.

Supreme Court of Virginia.

April 24, 1981.


Attorney(s) appearing for the Case

James E. Haluska, Fairfax (Carr, Jordan, Coyne & Savits, Fairfax, on briefs), for appellant.

James Kearney, Fairfax (Miller, Miller & Cyron, Fairfax, on brief), for appellee.

Before CARRICO, C. J., and HARRISON, COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.


STEPHENSON, Justice.

In this action seeking damages for personal injuries arising out of an automobile accident, we consider whether the trial court erred in permitting the jury to consider evidence that the defendant, Michael B. Hemming, had consumed two or three beers the night before the accident. Hemming appeals from a $15,000 verdict and judgment in favor of the plaintiff, John C. Hutchinson.

We will first briefly summarize the evidence, exclusive of...

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