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BANKS v. HARRIS

Record No. 871358.

380 S.E.2d 634 (1989)

Shawn J. BANKS, etc. v. Galen W. HARRIS.

Supreme Court of Virginia.

June 9, 1989.

Attorney(s) appearing for the Case

Deborah M. Russell (Joan B. Tucker, McGuire, Woods, Battle & Boothe, Richmond, on briefs), for appellant.

Richard W. Schaffer (David M. Hicks, Sands, Anderson, Marks & Miller, Richmond, on brief), for appellee.

Present: All the Justices.

STEPHENSON, Justice.

Shawn J. Banks, an infant, sued Galen W. Harris to recover damages for injuries allegedly resulting from Harris' negligence. The trial court confirmed a jury verdict in Harris' favor. In Banks' appeal, the dispositive issue is whether the trial court erred in granting Instruction No. 10, which told the jury:

If you believe that a party, without explanation, failed to call Shawn Banks, an available witness who has knowledge of necessary...

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