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GREATER RICHMOND TRANSIT CO. v. MASSEY

Record No. 032349.

601 S.E.2d 609 (2004)

268 Va. 354

GREATER RICHMOND TRANSIT CO., et al. v. Lynda MASSEY.

Supreme Court of Virginia.

September 17, 2004.

Attorney(s) appearing for the Case

Beverly A. Burton, Senior Assistant City Attorney for appellants.

Suzette L. Hutchens (Hutchens & Hutchens, on brief), Richmond, for appellee.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court properly permitted a plaintiff to introduce an absent witness's deposition into evidence under Rule 4:7(a)(4). We also consider whether the trial court properly refused to grant one or more of three instructions concerning contributory negligence.

I. Facts and Proceedings Below

On April 11, 2002, a Greater Richmond Transit Company ("GRTC") bus driven by Clarence...

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