CLAYCOMB v. DIDAWICK

Record No. 972102.

505 S.E.2d 202 (1998)

Mark A. CLAYCOMB v. Donald Glenn DIDAWICK.

Supreme Court of Virginia.

September 18, 1998.


Attorney(s) appearing for the Case

Robert A. Niles (Chandler, Franklin & O'Bryan, on briefs), Charlottesville, for appellant.

Anthony E. Grimaldi (Doherty, Sheridan & Grimaldi, on brief), Fairfax, for appellee.

Present: All the Justices.


KOONTZ, Justice.

In this appeal, we consider whether the trial court erred in striking the plaintiff's evidence and entering summary judgment in favor of the defendant on the ground that the evidence showed, as a matter of law, that the plaintiff was contributorily negligent because he failed to keep a proper lookout.

Background

"When summary judgment is based upon the granting of a motion to strike a party's evidence, we view the evidence...

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