Summary
In Cunningham, we reversed a judgment entered on a jury verdict on the ground that plaintiff was contributorily negligent as a matter of law.
Summary of this case from Gardner v. Old Dominion Steer. Corp.Opinion
42540 Record No. 7570.
September 1, 1971
Present, All the Justices.
Automobiles — Contributory Negligence — Failure to See.
King stopped at intersection in obedience to stop sign and proceeded into intersection without seeing Cunningham's automobile approaching from right and in plain view. King guilty of contributory negligence.
Error to a judgment of the Circuit Court of Washington County. Hon. J. Aubrey Matthews, judge presiding.
Reversed and final judgment.
Wm. W. Eskridge (Penn, Stuart Eskridge, on brief), for plaintiff in error.
Thomas L. Hutton, Jr.; David H. Frackelton (Widener Frackelton, on brief), for defendant in error.
The trial court entered judgment on a jury verdict in favor of plaintiff, Betty Ann King, against defendant, Eva Lee Cunningham, for personal injuries resulting from an automobile accident. Mrs. Cunningham appeals, contending that Mrs. King's contributory negligence barred a recovery.
Automobiles operated by Mrs. Cunningham and by Mrs. King collided at an intersection in the Town of Abingdon. The evidence and physical facts show that Mrs. Cunningham's automobile, which was approaching the intersection from Mrs. King's right, was in plain view and dangerously near when Mrs. King's automobile entered the intersection after stopping in obedience to a stop sign. Yet Mrs. King admitted that she did not see Mrs. Cunningham's automobile until the two cars collided. Mrs. King was therefore guilty of contributory negligence, barring her right to recover. See Sayre v. Shields, 209 Va. 409, 164 S.E.2d 665 (1968).
Reversed and final judgment.