Chesapeake & Potomac Telephone Co. v. APAC/Virginia, Inc.

In this appeal, we consider whether the trial court erred in striking the plaintiffs evidence in a property damage action on the ground that, as a matter of law, the evidence failed to create a factual issue of negligence.

Because the trial court sustained a motion to strike the plaintiffs evidence, we view the evidence in the light most favorable to the plaintiff. Brill v. Safeway Stores, 227 Va. 246, 247, 315 S.E.2d 214, 215 (1984). APAC/Virginia, Inc. (APAC) was engaged in the removal of certain street improvements for the widening of West Broad Street in Henrico County. A part of its work…