BURDETTE v. MARKS

Record No. 911901.

421 S.E.2d 419 (1992)

James C. BURDETTE v. Arty MARKS, Deputy Sheriff.

Supreme Court of Virginia.

September 18, 1992.


Attorney(s) appearing for the Case

Ivy P. Blue, Jr., Hanover, for appellant.

Archer L. Yeatts, III, Richmond (Fred R. Kozak, Maloney, Yeatts & Barr, on brief), for appellee.

Present: All the Justices.


STEPHENSON, Justice.

The sole issue in this appeal is whether the plaintiff alleged sufficient facts in his motion for judgment to establish that the defendant owed a legal duty to the plaintiff to protect him from the acts of a third party.

The only facts to be considered are those set forth in the plaintiff's motion for judgment. On June 7, 1990, the plaintiff, James C. Burdette, came upon the scene of a two-car accident in Westmoreland County. After Burdette...

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