GARDNER v. OLD DOMINION STEVEDORING CORP.

Record No. 801999.

303 S.E.2d 914 (1983)

Randall D. GARDNER v. OLD DOMINION STEVEDORING CORPORATION.

Supreme Court of Virginia.

June 17, 1983.


Attorney(s) appearing for the Case

John H. Klein, Norfolk (Breit, Rutter & Montagna, Norfolk, on briefs), for appellant.

William E. Baggs, Norfolk (Breeden, Howard & MacMillan, Norfolk, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.


THOMAS, Justice.

In this personal injury action, which was tried to a jury, the trial court, on motion by defendant, struck plaintiff's evidence on the ground that the evidence showed plaintiff to be contributorily negligent as a matter of law. On this appeal, appellant first contends that the case should have been tried under maritime law and that a comparative negligence test should have been applied. Appellant further contends that, even if maritime law does not...

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