By unpublished per curiam order on December 3, 2015, the Virginia Supreme Court reversed and remanded for trial the three car crash case of Martin v. Isbill, No. 141886. It opined that Portsmouth Circuit Court erred in finding that plaintiff was contributorily negligent as a matter of law, barring her personal injury action. Id. at 1, 5.
“Whether Martin was traveling at an excessive speed or following too closely were issues for the jury to decide,” despite plaintiff traveling near the speed and only 1 car length behind a truck that swerved and avoided the collision in “bumper to bumper” traffic. Id. at 1-5. Justice McClanahan concurred in part and dissent in part in the Bailey auto accident litigation. Id. at 5-6.
