Karim v. Grover

369 S.E.2d 185, 235 Va. 550, 4 Va. Law Rep. 3062, 1988 Va. LEXIS 99
CourtSupreme Court of Virginia
DecidedJune 10, 1988
DocketRecord 850863
StatusPublished
Cited by18 cases

This text of 369 S.E.2d 185 (Karim v. Grover) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Karim v. Grover, 369 S.E.2d 185, 235 Va. 550, 4 Va. Law Rep. 3062, 1988 Va. LEXIS 99 (Va. 1988).

Opinion

STEPHENSON, J.,

delivered the opinion of the Court.

The sole question in this appeal is whether the trial court erred in striking the plaintiffs’ evidence on the ground that, as a matter of law, the infant plaintiff was guilty of negligence that was a proximate cause of the damages suffered by the infant and his father.

Abdul Walid Karim (Karim), an infant, and his father, Mohammed Karim (collectively, the plaintiffs), sued Charles Grover and his employer, W-E Trucking Company, Ltd. (collectively, Grover), to recover damages allegedly caused by Grover’s negligent operation of a motor vehicle. The son suffered personal injuries, and the father sustained damages resulting from medical expenses incurred on behalf of his son and from the loss of his son’s services.

The case was tried to a jury, and at the conclusion of the plaintiffs’ evidence-in-chief, the trial court struck the plaintiffs’ evidence and entered summary judgment for Grover. This appeal ensued.

On the morning of October 18, 1982, “[a]round 7:00 o’clock,” Karim, age 14, was riding his bicycle from his home to a school in *552 Arlington County. The weather was clear. Although Karim testified that “[i]t was before sunrise,” he also stated that “[i]t was not light and it was not dark.”

Karim was travelling south on Dinwiddie Street at a speed of 15 to 20 miles per hour. Dinwiddie Street has single northbound and southbound lanes for vehicular travel. As Karim proceeded downhill around a curve, he saw a dump truck proceeding north on Dinwiddie Street. The truck was “close to the intersection” of Dinwiddie Street and Eighth Road. Karim was approximately 200 feet north of the intersection when he first saw the truck. The truck, operated by Grover, was in its proper lane.

Karim’s bicycle was not equipped with a lamp on the front, but it had orange reflectors mounted on the pedals and on the spokes of the wheels. Karim was wearing a light-blue jacket. He could “see the truck clearly” from a distance of 200 feet.

Karim’s bicycle and Grover’s truck collided as Grover was making a left turn onto Eighth Road across Karim’s lane of travel. Karim gave the following description of the accident: “[A]s I was approaching the intersection, suddenly this truck made a left turn.” When asked if he had tried to avoid the collision, Karim responded, “I couldn’t, it was too late.”

The trial court concluded that Karim’s failure to have a lamp on the front of his bicycle in violation of Code § 46.1-263 * constituted negligence per se. The court also concluded that, as a matter of law, Karim’s violation of the statute barred a recovery.

When a defendant relies upon contributory negligence as a defense, he has the burden of proving by the greater weight of the evidence not only that the plaintiff was negligent, Burks v. Webb, Administratrix, 199 Va. 296, 307, 99 S.E.2d 629, 638 (1957), but also “that his negligence was a proximate cause, a direct, efficient contributing cause of the accident,” Whitfield v. Dunn, 202 Va. 472, 477, 117 S.E.2d 710, 714 (1961); accord Powell v. Virginian Railway Co., 187 Va. 384, 390-91, 46 S.E.2d 429, 432 (1948). Thus, while the violation of a statute regulating traffic constitutes negligence,

*553 it does not necessarily follow that such negligence will as a matter of law prevent a recovery by the plaintiff. There must be a causal connection between the violation of the statute and the injury, otherwise the violation is immaterial; and unless it is shown that the plaintiff’s violation was a proximate or concurring cause which contributed directly to his injury, he is not thereby barred from a recovery;

Powell, 187 Va. at 390, 46 S.E.2d at 432; accord Bray v. Boston, etc., Corp., 161 Va. 686, 692, 172 S.E. 296, 298 (1934); Lavenstein v. Maile, 146 Va. 789, 801, 132 S.E. 844, 848 (1926).

Ordinarily, the issue of proximate cause is a question of fact for resolution by a jury. It becomes a question of law for decision by a court only when reasonable minds cannot differ about the result. Litchford v. Hancock, 232 Va. 496, 499, 352 S.E.2d 335, 337 (1987).

Moreover, when the sufficiency of a plaintiff’s evidence is challenged by a motion to strike, a trial court must view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the plaintiff and resolve any reasonable doubt as to the evidence’s sufficiency in the plaintiff’s favor. Von Lubowiecki v. Donnell, 235 Va. 131, 134, 366 S.E.2d 90, 92 (1988). Indeed, where, as here, the sufficiency of a plaintiff’s evidence is challenged at the conclusion of his case-in-chief, “the trial court should in every case overrule the motion where there is any doubt on the question.” Brown v. Koulizakis, 229 Va. 524, 531, 331 S.E.2d 440, 445 (1985); see Williams v. Vaughan, 214 Va. 307, 309, 199 S.E.2d 515, 517 (1973).

Grover contends on appeal, as he did at trial, that Karim’s violation of Code § 46.1-263 was negligence per se, which, as a matter of law, bars a recovery. Grover relies primarily upon White v. John Doe, 207 Va. 276, 148 S.E.2d 797 (1966).

In White, a policeman operating a motorcycle was pursuing a speeding automobile. As the policeman came alongside the left rear wheel of the automobile in an effort to stop the vehicle, the driver suddenly turned the automobile left onto an intersecting street. The policeman had to stop his motorcycle abruptly to avoid a collision, and in so doing he was thrown to the ground and injured.

Then, as now, Code § 46.1-190(e) provided in pertinent part that “[a] person shall be guilty of reckless driving who shall . . . *554 [o]vertake or pass any other vehicle proceeding in the same direction ... at any intersection of highways . . . .” We noted in White that the violation of one or more of the statutes defining reckless driving constitutes “negligence sufficient to support a civil action if such negligence was the proximate cause of the injury or damage sustained.” Id. at 280, 148 S.E.2d at 799-800 (quoting Richardson v. Commonwealth, 192 Va.

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Cite This Page — Counsel Stack

Bluebook (online)
369 S.E.2d 185, 235 Va. 550, 4 Va. Law Rep. 3062, 1988 Va. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karim-v-grover-va-1988.