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LEE v. NATIONWIDE MUT. INS. CO.

Record No. 970970.

497 S.E.2d 328 (1998)

Debra S. LEE, as mother and next friend of Roy James Lee, a minor, et al. v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Supreme Court of Virginia.

February 27, 1998.

Attorney(s) appearing for the Case

P. Brent Brown, Roanoke (Harry F. Bosen, Jr., Salem; Carter, Brown & Osborne, Roanoke, on briefs), for appellants.

John D. Eure (Ronald M. Ayers; Johnson, Ayers & Matthews, on brief), Roanoke, for appellee.

Present: All the Justices.

LACY, Justice.

In this case, we consider whether the trial court erred in holding as a matter of law that the defense of illegality barred the claim for damages of a 13-year-old boy rather than submitting to the jury the issue of the boy's consent to the illegal act.

Late in the evening of November 1, 1993, 13-year-old Roy James Lee locked his bedroom door and left his house, apparently through his bedroom window...

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