Bittner v. Little

VAN DUSEN, District Judge.

This case comes before the court on defendants’ Motion to Dismiss this personal injury action arising out of an automobile accident in Virginia. The record, for the purposes of this motion, discloses this situation:

Plaintiff, a citizen and resident of New York, was driving his automobile in a northerly direction on Route 301 in Virginia. He was accompanied by one Daniel De Bono. Luther L. Waring, a citizen and resident of New York, now deceased, was driving south and collided almost head-on with plaintiff, even though plaintiff was nearly off the highway to his right…