ETHERTON v. DOE

Record No. 032104.

597 S.E.2d 87 (2004)

268 Va. 209

Gail K. ETHERTON v. John DOE.

Supreme Court of Virginia.

June 10, 2004.


Attorney(s) appearing for the Case

Jack T. Burgess (Burgess, Kemback & Perigard, on brief), Fairfax, for appellant.

Alicia Lehnes Summers (Michael L. Davis & Associates, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.


RUSSELL, Senior Justice.

This appeal turns upon the sufficiency of the evidence to frame a jury issue with respect to assault and willful and wanton conduct in a non-contact automobile tort case. Gail K. Etherton, the plaintiff below, and her daughter, Deborah Etherton, were the only witnesses who testified to the relevant events at trial, and the facts will be stated in accordance with their testimony.

On February 1, 2001 at about 3:30 p.m., Gail Etherton...

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