McDowall & Wood, Inc. v. Kilby

Maury W. Kilby, appellee, initiated an action against McDowall & Wood, Inc. (McDowall), the general contractor on a highway project, to recover damages for personal injuries he sustained when a car he was driving ran into a ditch across a closed portion of U. S. Route 11 (now Interstate 81) in Wythe County. The ditch had been dug by McDowall during the course of construction. A jury trial was had and a verdict was returned in favor of Kilby for the sum of $70,000. The trial court overruled McDowall’s motion to set aside the verdict and entered judgment thereon. We granted McDowall a writ of…