SWINEY v. OVERBY

Record No. 870188.

377 S.E.2d 372 (1989)

Nora F. SWINEY, Administratrix, etc. v. Andrew OVERBY.

Supreme Court of Virginia.

March 3, 1989.


Attorney(s) appearing for the Case

Robert W. Mann (Robert L. Bushnell, Young, Haskins, Mann & Gregory, P.C., Martinsville, on briefs), for appellant.

Edwin A. Gendron, Jr. (Gendron & Kirby, Martinsville, on brief), for appellee.

(Glenn W. Pulley, Clement & Wheatley, Danville, on brief), for Erie Ins. Co.

Present: All the Justices.


CARRICO, Chief Justice.

On September 4, 1985, the defendant, Andrew Overby, pulled his pickup truck to the side of the highway as a funeral procession proceeded in the opposite direction. The rear end of the pickup truck partially blocked the roadway. The plaintiff's decedent, Bradley Lynn Swiney, was driving a loaded logging truck when it collided with the defendant's pickup truck.

The plaintiff sought damages from the defendant for wrongful death of the...

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