DOE v. DEWHIRST

Record No. 891436.

396 S.E.2d 840 (1990)

John DOE v. Matthew L. DEWHIRST.

Supreme Court of Virginia.

September 21, 1990.


Attorney(s) appearing for the Case

E. Stanley Murphy (Benjamin J. Trichilo, McGuire, Woods, Battle & Boothe; Lewis, Tydings, Bryan, Trichilo & Bancroft, Fairfax, on briefs), for appellant.

Warner F. Young, III (Hall, Markle, Sickels & Fudala, Fairfax, on brief), for appellee.

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


WHITING, Justice.

In this personal injury case, we deal with the sufficiency of proof of a 10-year-old child's capacity for contributory negligence. We also determine whether a lay witness was competent to estimate the speed of the defendant's car.

At approximately 11:00 p.m. on June 3, 1978, Matthew Dewhirst, then 10 and one-half years old, was seated in the front passenger seat of a station wagon driven by Kenneth G. Brown. After Brown parked facing traffic...

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