City of Bedford v. Zimmerman

I

The primary issue that we consider in this appeal is whether the plaintiff was guilty of contributory negligence as a matter of law.

II

The plaintiff, Guy Duvall Zimmerman, filed a motion for judgment against the City of Bedford, which operates an electric power department. He alleged that he was injured as a result of the City’s failure to turn off electrical power to a temporary power meter base. The City admitted that it was negligent, but asserted that the plaintiff was guilty of contributory negligence.

At a jury trial, the circuit court denied the City’s motion to strike the plaintiff’s…