Cassady v. Martin

This appeal in a damage suit for wrongful death raises issues concerning proof of paternity, admissibility of evidence, and correctness of a damage instruction.

On March 19, 1977, Ricky Dean Martin, a mentally retarded 21-year-old, was fatally struck by a car driven by appellant James W. Cassady, the defendant below, when Martin attempted to cross Route 676 in Henry County. The decedent’s mother, appellee Iris Martin, the plaintiff below, qualified as Administratrix of his estate and filed suit against defendant under the wrongful death statute, Code § 8.01-50.

Because defendant admitted…