Kennedy v. Palermo

By JUDGE ALFRED D. SWERSKY

This matter is before the Court on Plaintiff’s Motion to Set Aside Verdicts and For a New Trial. The basis of the Motion is the testimony of Defendant that there was a prior collision in front of her that caused her to be unable to stop in time. Plaintiff seeks now a new trial in which contradictory evidence, as set forth in the affidavits filed with the Motion, could be presented. The Motion must be granted.

Plaintiff relies on Harris v. Wall, 144 Va. 774 (1925), and Cab Association v. LaTouche, 197 Va. 367 (1955). Both of these cases set forth the rather stringent…