Neighbors v. Moore

On July 2, 1973, about 1:20 p.m., Claude W. Neighbors, the plaintiff below, was operating a motor vehicle north on U.S. Route 29 in Nelson County. As he was in the process of making a left turn, his vehicle was struck by another northbound vehicle driven by defendant James Douglas Moore, who was in the act of overtaking and passing Neighbors.

The jury rendered a verdict of $45,000 in Neighbors’ subsequent tort action seeking recovery for personal injuries, but the trial court set the verdict aside and entered final judgment in favor of the defendant upon the ground that, as a matter of law,…