Wood v. Woolfolk Properties, Inc.

I agree that the trial court correctly granted the motion to strike the evidence regarding defendant Woolfolk Properties, Inc. I do not agree, however, that the trial court erred by allowing evidence regarding the absence of similar accidents at the curb area prior to plaintiff’s fall.

This case is controlled by Sykes v. Norfolk & W. Ry. Co., 200 Va. 559, 564-65, 106 S.E.2d 746, 751 (1959). The majority’s argument attempting to distinguish Sykes from the present case is unpersuasive.

Sykes stands for the proposition that when a plaintiff presents evidence of a contemplated change by the…