Basilotta v. Barker

I would affirm the judgment of the trial court on the ground that the plaintiffs evidence establishes as a matter of law his contributory negligence barring his recovery.

In my view, the trial court correctly distinguished Arney v. Bogstad, 199 Va. 460, 100 S.E.2d 749 (1957) from the present case. In Bogstad, the plaintiff was on an island in an intersection. With the traffic light in his favor he stepped into the lane of approaching traffic and when the light turned he was trapped by the defendant’s vehicle that struck him before he could cross the lane of traffic or return to the safety of…