Legal Opinion
Simmers v. DePoy
Supreme Court of Virginia
Decided November 29, 1971No. Record 7605PublishedCited by 8 opinions
1Opinion of the CourtCarrico, J.
On August 29, 1967, Mildred Armentrout DePoy was crossing a street in th'e city of Harrisonburg when two cars, one behind the other, approached her. The first car, driven by Donald Allen Orebaugh, swerved and missed Mrs. DePoy. The second, driven by Roger Lee Simmers, struck and injured h'er.
Mrs. DePoy brought an action for her injuries against both drivers. The jury exonerated Orebaugh but returned a verdict against Simmers in the sum of $12,000. Final judgment was entered on the verdict, and Simmers was granted a writ of error.
The questions to be decided are:
1. Was there a fatal variance…
2Cases cited4 opinions
- Greear v. Noland CompanySupreme Court of Virginia · 1955
- Smith v. SpradlinSupreme Court of Virginia · 1963
- In Re Brianna Elizabeth M.West Virginia Supreme Court · 1994
- Ransone v. PankeySupreme Court of Virginia · 1949
3Cited by8 opinions
- Purvy v. CommonwealthCourt of Appeals of Virginia · 2011
- Pack v. DoeSupreme Court of Virginia · 1988
- Brock v. United StatesCourt of Appeals for the Fourth Circuit · 1979
- Brock v. United StatesCourt of Appeals for the Fourth Circuit · 1979
- John E. Jenkins v. North American Van Lines, Incorporated Charles E. GereCourt of Appeals for the Fourth Circuit · 1995
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