VOLVO WHITE TRUCK CORP. v. VINEYARD

Record No. 890098.

387 S.E.2d 763 (1990)

VOLVO WHITE TRUCK CORPORATION v. Lowell Phillip VINEYARD.

Supreme Court of Virginia.

January 12, 1990.


Attorney(s) appearing for the Case

Robert B. Delano, Jr. (Henry M. Massie, Jr.; Sands, Anderson, Marks & Miller, Richmond, on briefs), for appellant.

(Louis D. Snesil; Emroch & Williamson, Richmond, on brief), for appellee. Appellee submitting on brief.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING, and LACY, JJ., and HARRISON, Retired Justice.


STEPHENSON, Justice.

In this appeal, a case involving a bailment for the mutual benefit of a bailor and a bailee, we determine when, and under what circumstances, the bailee (1) has the burden of persuasion on the issue of his negligence, and (2) has the burden of going forward with the evidence on the negligence issue.

Lowell Phillip Vineyard, the plaintiff/bailor, sued Volvo White Truck Corporation (Volvo), the defendant/bailee. Vineyard claimed that he...

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