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VanCOLLOM v. JOHNSON

Record No. 812059.

319 S.E.2d 745 (1984)

Ruby VanCOLLOM v. Dorothy C. JOHNSON.

Supreme Court of Virginia.

September 7, 1984.

Attorney(s) appearing for the Case

Palmer S. Rutherford, Jr., Norfolk (Willcox, Savage, Dickson, Hollis & Eley, Norfolk, on brief), for appellant.

J. Darrell Foster, Portsmouth (Bangel, Bangel & Bangel, Portsmouth, on brief), for appellee.

Present All the Justices.

COMPTON, Justice.

In this negligence case, the plaintiff was burned severely as she removed a flaming frying pan from a dwelling. The central issue is whether the doctrine of assumption of the risk is applicable under the circumstances.

The facts are undisputed. On Sunday, September 30, 1979, appellee Dorothy C. Johnson, age 62 and the plaintiff below, was the weekend visitor at the Portsmouth home of her sister...

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