Claycomb v. Didawick

In this appeal, we consider whether the trial court erred in striking the plaintiff’s evidence and entering summary judgment in favor of the defendant on the ground that the evidence showed, as a matter of law, that the plaintiff was contributorily negligent because he failed to keep a proper lookout.

Background

“When summary judgment is based upon the granting of a motion to strike a party’s evidence, we view the evidence and the inferences reasonably raised thereby in the light most favorable to the party whose evidence has been stricken.” Griffin v. The Spacemaker Group, Inc., 254 Va. 141,…