Holland v. Holland

In this automobile accident case, we apply the Massie-Firmstone * maxim that if a litigant, a person of average intelligence and in possession of his faculties, testifies clearly and unequivocally to facts within his knowledge which show as a matter of law he has no case, he is bound thereby and may not recover. Baines v. Parker, 217 Va. 100, 225 S.E.2d 403 (1976); Scott v. Foley, 205 Va. 382, 136 S.E.2d 849 (1964).

On April 11,1975, in the City of Portsmouth, plaintiff-appellee Sharon A. Holland was a passenger in the right front seat of an automobile being driven by her husband,…