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VIRGINIA DEPT. OF TRANSP. v. MOSEBROOK

Record No. 1003-91-3.

413 S.E.2d 350 (1992)

VIRGINIA DEPARTMENT OF TRANSPORTATION v. Gerald Roy MOSEBROOK.

Court of Appeals of Virginia.

January 21, 1992.

Attorney(s) appearing for the Case

Lee Melchor, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., William H. Hauser, Sr. Asst. Atty. Gen., Robert L. Walker, Asst. Atty. Gen., on briefs), for appellant.

Donald G. Pendleton, Amherst (Pendleton, Gamble, Martin, Henderson, & Garrett, on brief), for appellee.

Present: BARROW, COLEMAN and MOON, JJ.

MOON, Judge.

We reverse an award in favor of Gerald Roy Mosebrook against the Virginia Department of Transportation because the evidence shows that appellee's injury was of idiopathic origin.

On May 23, 1990, Mosebrook, an equipment operator for the Virginia Department of Transportation (VDOT), was operating a VDOT dump truck when he "blacked out" and crashed into a tree. One witness, Geraldine Wooldridge, testified that when she saw Mosebrook get out of the...

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