Ring v. Poelman

This is a plaintiffs appeal from a judgment for the defendants in a case growing out of an automobile collision. We must determine, first, whether the trial court erred in granting an uninsured motorist, John Doe, summary judgment and, second, whether the trial court erred in granting an instruction on contributory negligence.

*325The transcript of evidence at trial discloses no dispute in the facts relevant to the issues on appeal. The collision occurred August 5, 1987 on Hershberger Road near its intersection with Fern-cliff Avenue in the city of Roanoke. At that time, Hershberger Road contained…