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DOE v. TERRY

Record No. 052137.

639 S.E.2d 197 (2007)

John DOE v. Russell M. TERRY, et al.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Benjamin P. Lynch, Jr. (Harris, Fears, Davis, Lynch & McDaniel, on briefs), Norfolk, for appellant.

Derrick L. Walker (Jeffrey A. Breit; Breit, Drescher & Imprevento, on brief), Norfolk, for appellee Russell M. Terry.

No brief filed by appellee Victoria Insurance Company.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, S.J.

OPINION BY Chief Justice LEROY R. HASSELL, SR.

In this appeal, we consider whether the plaintiff established by a preponderance of the evidence that the defendant, John Doe, was negligent.

Plaintiff, Russell M. Terry, filed his motion for judgment against John Doe, an unknown driver of an automobile. Plaintiff alleged that he was injured as a result of John Doe's negligence. At the conclusion of a jury trial, the jury returned a verdict in favor of the plaintiff...

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