Lorena Mae Sisson, Administratrix of the Estate of Thomas Henry Sisson, and Lorena Mae Sisson v. James P. Wetenko

Fourth Circuit

Lorena Mae Sisson, Administratrix of the Estate of Thomas Henry Sisson, and Lorena Mae Sisson v. James P. Wetenko

423 F.2d 693, 1970 U.S. App. LEXIS 10160

CourtCourt of Appeals for the Fourth Circuit

DecidedMarch 24, 1970

Docket13857

StatusPublished

This text of 423 F.2d 693 (Lorena Mae Sisson, Administratrix of the Estate of Thomas Henry Sisson, and Lorena Mae Sisson v. James P. Wetenko) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lorena Mae Sisson, Administratrix of the Estate of Thomas Henry Sisson, and Lorena Mae Sisson v. James P. Wetenko, 423 F.2d 693, 1970 U.S. App. LEXIS 10160 (4th Cir. 1970).

Pincite

Opinion

PER CURIAM:

This wrongful death action was removed to the district court by defendant by reason of diversity of citizenship. Plaintiffs’ decedent was killed when, in an intoxicated condition, he stepped into an interstate highway and was struck by defendant’s vehicle, being operated at a lawful speed. Defendant had sounded his horn to indicate his presence but he was unable to stop his vehicle or to swerve to avoid hitting plaintiffs’ decedent when the latter failed to heed the warning. The case was tried before a jury. At the close of all the evidence, the district judge granted defendant’s motion for a directed verdict.

We perceive no error, and agree with the district judge that under no view of the evidence were plaintiffs entitled to recover. We, therefore, decline oral argument.

Affirmed.

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PER CURIAM:

This wrongful death action was removed to the district court by defendant by reason of diversity of citizenship. Plaintiffs’ decedent was killed when, in an intoxicated condition, he stepped into an interstate highway and was struck by defendant’s vehicle, being operated at a lawful speed. Defendant had sounded his horn to indicate his presence but he was unable to stop his vehicle or to swerve to avoid hitting plaintiffs’ decedent when the latter failed to heed the warning. The case was tried before a jury. At the close of all the evidence, the district judge granted defendant’s motion for a directed verdict.

We perceive no error, and agree with the district judge that under no view of the evidence were plaintiffs entitled to recover. We, therefore, decline oral argument.

Affirmed.

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Bluebook (online)

423 F.2d 693, 1970 U.S. App. LEXIS 10160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorena-mae-sisson-administratrix-of-the-estate-of-thomas-henry-sisson-and-ca4-1970.