Basilotta v. Barker

Lee L. Basilotta brought this suit against Vivian M. Barker, seeking recovery for injuries sustained when Barker’s car struck Basilotta as he attempted to cross a street. The circuit court granted Barker’s motion to strike Basilotta’s evidence and entered judgment for Barker. The only issue raised in this appeal is whether the trial court erred in concluding that Basilotta was guilty of contributory negligence as a matter of law.

Basilotta was injured around 12:10 a.m. on January 28, 1978, while crossing East Ocean View Avenue at its intersection with Chesapeake Street. Traffic at this…